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Murcott v. Best Western International8/31/2000
aim fails.
The Minnesota statutory approach leads to anomalous results. It would allow an employer who knowingly engages in illegal activities to terminate with impunity an employee for pointing out the illegality. This approach aside, we find that Murcott did point out Best Western's antitrust potential violations. His reports to the board concerning misconduct by specific members disclosed information about violations to persons not involved in the violations. Murcott reported potential antitrust concerns as existing members were attempting to create exclusive territories and vetoing new applications seemingly for that reason. Evidence exists in the record to support the argument that Murcott properly blew the whistle with specificity.
f. Sufficient Evidence Supported Murcott's Argument That Whistle-Blowing Activity Was A Substantial Motivating Factor For His Discharge.
According to Best Western, Murcott also failed to prove that his whistle-blowing motivated his termination. This court previously addressed the causation question in the appeal from the trial court's grant of summary judgment to Best Western. We reversed the trial court's ruling and held that a jury should be entitled to hear the whistle-blowing evidence to determine whether it met the substantial motivating factor test. See Murcott, 1 CA-CV 97-0514, at 13-14. We are now charged with evaluating the denial of a motion for directed verdict on this issue. Based upon the evidence at trial, we find once again sufficient probative evidence to support the whistle-blowing claim and to justify the denial of the directed verdict on liability.
Three company directors confirmed that Murcott's whistle-blowing activities were a factor in his discharge. Walter testified that Murcott was targeted as a scapegoat by individual defendants and that his stance on antitrust compliance worked against him in the long run. Seaton testified similarly that Murcott was not viewed as a team player and that the key factor was his stand on antitrust compliance. Vande Berg testified that Murcott was specifically criticized for his position on antitrust compliance at the very meeting which decided his termination.
The board also failed to follow its own firing policies and to investigate the job performance allegations against Murcott and further failed to ask Evans, his supervisor, to prepare a report. Evans, who had daily contact with Murcott, opposed his termination. These facts, combined with the testimony from Walter, Seaton, and Vande Berg, generate an inference that the alleged whistle-blowing activities were a substantial factor motivating the termination.
Best Western stresses that Murcott was not discharged until a full year after he began his protests and seven months after he complained about Best Western's handling of the Page matter. Murcott emphasizes that the Page matter was the subject of the parties' greatest contention. Murcott told Brown that he would not support the board if Wang brought legal action, and Best Western did receive a demand letter from Wang's attorney in January 1995. On July 3, 1995, Best Western and Wang signed a release of liability which meant that, because Murcott no longer could be a star witness for Wang in any litigation, Murcott could not damage Best Western's position. He was fired shortly thereafter but, given this chronology, he could not have been fired for testifying in support of Wang.
The timing evidence therefore provides no clear support for either side's position. Nevertheless, the combined effect of the other evidence adequately supports the jury's causation determination.
2. As A Matter of Law, Best Western Ca
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