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McGrory v. Applied Signal Tech

Articles Discussing Case:

Harasser Sues For Discrimination; Court: Nice Try

Barker Olmsted & Barnier • March 15, 2013
When a company determines that an employee has engaged in harassment or other misconduct, termination of the wrongdoer often follows. We all know that the victims of harassment might sue the company, but what about the alleged wrongdoer? Does he or she ever have a claim for wrongful termination? While it is theoretically possible, a thorough and objective investigation makes it unlikely to succeed, as an appellate court explained in a recent case titled McGrory v. Allied Signal Technology, Inc.

California Court Nixes Wrongful Termination Claim by Manager Who Refused to Cooperate in Employer’s Investigation

Jackson Lewis P.C. • February 20, 2013
Affirming the dismissal of a manager’s wrongful termination and gender discrimination claims, the California Court of Appeal has held that an at-will employee may be terminated for being uncooperative or deceptive in an employer’s internal investigation of a discrimination claim. McGrory v. Applied Signal Technology, Inc., No. H036597 (Cal. Ct. App. Jan. 24, 2013). The Court also rejected the employee’s defamation claim, finding that the employer’s statements regarding the reasons for the employee’s termination were conditionally privileged.

Court of Appeal: Discharge of Executive Uncooperative in Investigation

Shaw Valenza LLP • January 28, 2013
Applied Signal fired John McGrory. One of his reports, Dana Thomas, complained to human resources that McGrory harassed / discriminated against her because of her sex / sexual orientation. Applied hired an outside investigator. McGrory did not like the investigator, but she exonerated him of mistreating Thomas. She did find, though, that McGrory was untruthful and uncooperative during the investigation. She also found that McGrory violated the company's anti-harassment policy because he made off-color jokes related to sex and national origin.