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August 2023

Gordon & Rees Dallas Team Prevails in Wrongful Termination Arbitration

Dallas Partner Kirstie Simmerman and Of Counsel James Greer obtained a complete defense award after a multi-day arbitration in a wrongful termination claim brought by a former employee of a non-profit child advocacy agency. The arbitration was administered by the American Arbitration Association. 

The claimant, a former case manager for the agency, was terminated for insubordination following her appearance at a trial in which she was called to testify as a representative of the agency. Despite numerous counseling sessions regarding her testimony, the claimant refused to follow the guidance provided to her related to the agency’s formal position in the underlying matter. Following her termination, she alleged she was terminated for refusing to commit a crime, in violation of Sabine Pilot. Specifically, the claimant contended she was instructed to commit perjury while testifying at trial and was fired for refusing to do so. She sought over $2,000,000 in damages against her former employer.

During arbitration, the Gordon & Rees team presented evidence establishing that their client never instructed the claimant to commit perjury in violation of Sabine Pilot and that the agency lawfully terminated her based on her insubordination. Ultimately, in light of the arguments and evidence advanced by the defense team, the arbitrator found in favor of the agency on all counts and denied the claimant’s request for relief. 

Kirstie M. Simmerman