Donelson v. DuPont Chambers Works

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Defendant DuPont Chambers Works (DuPont) manufactures chemical products, and employed Plaintiff John Seddon for approximately thirty years. In 2002, Mr. Seddon worked as an operator technician in one of DuPont's facilities. Among Mr. Seddon's duties was to ensure the safe operation of equipment and the safe handling of chemicals in the building. Mr. Seddon expressed concern over certain dangerous conditions he saw at the plant. When DuPont did nothing to ameliorate the situation, Mr. Seddon filed an OSHA complaint. From 2003 to 2005, Mr. Seddon alleged that DuPont retaliated against him for making the OSHA complaint by cutting his overtime, reducing his work hours, changing his shifts, and giving him poor performance evaluations. He filed suit against DuPont under the state Conscientious Employee Protection Act (CEPA). A jury returned a verdict in Mr. Seddon's favor and awarded him over $2 million for wages lost as a result of DuPont's actions. The award also included punitive damages and attorney fees. DuPont appealed, and the appellate court reversed and entered judgment in favor of DuPont. The appellate court concluded that Mr. Seddon could not prevail on a lost-wage claim under the CEPA unless he proved "actual or constructive discharge," and vacated the $2 million damages award. On appeal to the Supreme Court, Mr. Seddon challenged the appellate court's holding that he had to prove "lost-wages" under CEPA. Upon consideration of the briefs and the applicable legal authorities, the Supreme Court reversed the appellate court. The Court found that lost wages are recoverable in a CEPA case, even in the absence of a "constructive discharge." The Court reinstated the jury verdict and damages award in favor of Mr. Seddon. View "Donelson v. DuPont Chambers Works" on Justia Law