Steve Ellis Wins Judgment for Employer in Wrongful-Discharge Case
On August 30, 2017, the Chittenden County Superior Court entered a Final Judgment in favor of EBB client, a large health care employer. Plaintiff, an LPN, claimed that her employment was terminated in retaliation for filing a workers’ compensation claim. The employer maintained that the plaintiff was fired for poor attendance. Steve moved for sanctions after the plaintiff failed to respond to written discovery, and the court ordered plaintiff to respond by a date certain to reimburse the employer $1000 for its attorneys’ fees. Steve then moved to dismiss the case based on deficiencies in the plaintiff’s discovery responses, and the court granted the motion to dismiss when plaintiff failed to oppose it after requesting several extensions of time. Although the dismissal was based on the plaintiff’s failure to prosecute her case, the final judgment was entered on the merits.