This past summer, a former executive of Conair Corp., a personal care product company, reported that she was fired for revealing an alleged fraud her company was committing against retail giant and megastore, Wal-Mart. Specifically, Barbara Laubenstein filed a whistleblower complaint against her former employer, Conair Corp., of East Windsor, New Jersey.
According to the complaint, Laubenstein started working as vice president of sales for the Allegro Division within Conair back in 2009. In 2012, the Allegro Division sold over $30 million worth of products to Wal-Mart, who was Conair’s largest customer. During this time, the company additionally acted as an advisor to Wal-Mart, offering consumer business advice, plans, and marketing to the retail giant.
Laubenstein alleges that she uncovered while employed by Conair that the company would cover the UPC labels on their old products with UPC labels of current products. The old products would then be shipped, sold, and marketed as the new products. In this manner, Conair was able to essentially unload its old, stagnant, and inferior products while still charging Wal-Mart for the new, superior personal care goods.
Laubenstein, according to the complaint, was terminated as vice president for the Allegro Division in July of 2013 after alerting her boss to the alleged inventory fraud. Laubenstein is now seeking an unspecified amount of damages due to her wrongful termination.
Laubenstein’s case is troubling in that it appears she was fired for taking lawful action by filing a whistleblower complaint. Under federal and several Mississippi state laws, employees cannot be fired for using the proper channels to report illegal or fraudulent activity. You may be entitled to whistleblower protection and have grounds for a lawsuit in Mississippi if your employer terminated your position or otherwise retaliated against you for your actions in:
- Reporting fraud or other criminal acts
- Reporting safety violations, including OSHA violations, or other environmental abuses
- Filing a disability or workers’ compensation claim
- Refusing to engage in criminal acts
- Filing a discrimination or harassment claim
Most employers will not fire a whistleblower outright. They may start by suddenly and without justification citing the employee for poor performance, insubordination, or other violations. As the negative marks on the employee’s record accumulate, the employee will likely be passed over for promotions or raises, demoted, or eventually terminated.
An experienced whistleblower attorney will uncover the true reason for your termination, even when the employer attempts to conceal it. Further, if your employer caused your workplace to become hostile to the extent that you made the decision to leave your job, you may still be able to bring a lawsuit for constructive discharge. Wrongful termination and constructive discharge allow for the same legal remedies.
As a result of bringing a wrongful termination suit, you may be allowed to be reinstated at your prior job, though most have no desire to pursue this option given the events that transpired. You could receive damages, including front and back pay, emotional distress, fines, job retraining, and even punitive damages.
Barrett Law PLLC: Mississippi Whistleblower Attorneys Proudly Representing Wrongfully Terminated Employees
Losing your job due to your lawful whistleblower activities is both traumatic and highly illegal. Federal and state laws are in place to prohibit employers from terminating those employees who reveal fraud or other criminal acts. If you have been terminated or made to quit your job due to a hostile work environment that you believe is associated with a whistleblower complaint, the Mississippi Whistleblower Attorneys at Barrett Law PLLC can help. Our aggressive whistleblower attorney team will uncover the true reason for your termination and seek a full recovery for your damages sustained. For representation of unmatched excellence, call Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation.
