 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Fowler v. Criticare Home Health Services8/4/2000
Appeal from Douglas District Court; PAULA B. MARTIN, judge.
Affirmed.
This is an appeal of a wrongful termination case. Plaintiff-appellant Matthew Fowler seeks review of the district court's initial decision to grant summary judgment in favor of defendant-appellee Criticare Home Health Services (Criticare) and its subsequent decision to modify that ruling, again in favor of Criticare.
Fowler began working for Criticare in July 1992, and, from April 1995 until his termination, he was the company's shipping manager. On August 6, 1996, Scott Moore, the general manager of Criticare, asked Fowler to ship two handguns and live ammunition to Gordon Garber, the owner of Criticare, who was on vacation.
Fowler told Moore that he believed it was unlawful to ship the guns. He refused to ship them and told Moore that, if Criticare shipped the guns, he would report the activity to United Parcel Service (UPS), the shipper customarily used by Criticare. Fowler then left the building to make deliveries. While he was gone, Moore shipped the guns and ammunition through UPS. When Fowler returned, he learned of Moore's actions and reported them to UPS. Fowler did not tell Moore or Garber that he had made good on his threat to make a report to UPS, and they were unaware of it until Garber was contacted by an agent of the federal Bureau of Alcohol Tobacco and Firearms (BATF) several months later.
The next day, Fowler was late to work. Moore suspended Fowler without pay, and Garber instructed Moore to fire Fowler for repeated tardiness and for sloppy attire.
In his petition alleging retaliatory discharge, Fowler stated:
"13. On or about August 6, 1996, Plaintiff refused Defendant's request that he violate 18 U.S.C. § 922(e) which provides as follows:
'It shall be unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped. . . .'
"14. At no time did Defendant provide written notification to United Parcel Service that it was sending a package through that carrier that contained firearms and ammunition.
"15. The written policies of United Parcel Service that pertain to the shipment of firearms and ammunition provide that the carrier will only transport such items from a licensed gun dealer, or if the firearms were made before 1898.
"16. Defendant is not a licensed gun dealer, and the firearms shipped through United Parcel Service were not made before 1898.
"17. Defendant's intentional shipment of a package containing firearms and ammunition, without providing written notice to the carrier, was a violation of federal law, specifically, 18 U.S.C. § 922(e).
"19. A reasonably prudent person would have believed that Defendant's activities were in violation of federal law.
"20. Plaintiff actually believed that Defendant's actions were in violation of federal law.
"21. Plaintiff advised Defendant, through its agents and employees, and specifically through Scott Moore, that its actions were in violation of federal law.
"22. Plaintiff advised Defendant, prior to his discharge, of his intent to report Defendant's actions to the appropriate authorities if, in fact, it shipped firearms and ammunition via United Parcel Service in violation o
Page 1 2 3 4 5 6 Kansas Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|