Supreme Court hears argument on employer liability in Staub v. Proctor Hospital

Yesterday, the U.S. Supreme Court heard oral arguments in Staub v. Proctor Hospital.  I don't know why I could not find an article about it in this morning's newspaper. U.S. Army Reserve First Sergeant Vincent Staub worked as an angiography technician for the Proctor Hospital in Peoria, Illinois, for 14 years. You can read in this prior blog post about his claim that his supervisor's anger over how his reserve duties disrupted the hospital's schedule led to his termination of employment. The issue for the Supreme Court is whether Proctor Hospital can be held liable under the Uniformed Services Employment and Reemployment Rights Act of 1984 (USERRA), 38 U.S.C. 4301. The issue is important to whistleblowers as many employers try to orchestrate a whistleblower's discharge so that they and put forward an unbiased decision maker to claim that retaliation had nothing to do with that discharge. If Staub can win his appeal, it will become harder for employers to get away with such orchestrations.

Continue Reading...