Case Study: Cooney V. Bob Evans Farms

Law360, New York (October 11, 2010, 1:16 PM EDT) -- In Cooney v. Bob Evans Farms Inc., the Sixth Circuit Court of Appeals upheld a decision dismissing a plaintiff’s whistleblower claim premised on a threat made by the plaintiff to her employer after she was already facing discipline and potential termination.[1]

The district court found that the employer, through an investigation, suspected that the plaintiff had “engaged in conduct warranting termination” prior to her threat to file a complaint with the Michigan Department of Civil Rights.[2]

Therefore, the district court concluded that the plaintiff could not...
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