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Judge correct for dismissing wrongful termination suit Thursday, Mar 20, 2008 By Rob Moritz Arkansas News Bureau LITTLE ROCK - The state Court of Appeals on Wednesday affirmed a Benton County circuit judge's decision dismissing a former Wal-Mart Stores Inc. mid-level manager's wrongful termination lawsuit against the world's largest retailer. James W. Lynn had argued he was fired for reporting poor working conditions in Central American factories from which Wal-Mart buys goods, violating the public policy of Arkansas. He also said his firing breached a written contract he had with the company. Wal-Mart said Lynn's poor performance cost him his job, along with violating the company's fraternization policy. "Lynn has simply shown no nexus between his reports of problems with the factory-certification process and any public policy of this state," Judge Larry D. Vaught wrote in Wednesday's ruling. "Even if we were to hold that Lynn's allegations did implicate public policy - which we do not - his admitted violation of Wal-Mart's fraternization policy provided independent, sufficient grounds for his termination." Lynn, who worked nearly 10 years for Wal-Mart, including as global services manager in Costa Rica, was fired in 2002 after he admitted fraternizing with a female subordinate. In his lawsuit, Lynn argued he was not fired for having sex with a co-worker but for reporting poor working conditions in factories to Wal-Mart. Lynn's job was to inspect factories being used by Wal-Mart and to report on ways to improve conditions. He said Wal-Mart violated the Arkansas' Deceptive Trade Practices Act because the company's 2003 annual report to shareholders and customers states a commitment to ensure proper working conditions for workers in foreign factories. Circuit Judge David S. Clingler, at the request of Wal-Mart, dismissed the lawsuit, saying there was a lack of evidence of wrongful discharge. Lynn appealed the ruling to the state Court of Appeals. A three-member panel rejected his arguments Wednesday. The court said Lynn was not under contract to Wal-Mart, and that even if he had been, he "clearly provided good cause for his termination by admittedly violating the fraternization policy." The court also said Lynn failed to link his reports on poor factory conditions to Wal-Mart's 2002 annual report. |
