Harrison v. Granite Bay Care, Inc., No. 14-1988 (1st Cir. 2016)
Annotate this CaseAppellant, a social worker, worked for Appellee for several months. Appellant was fired for allegedly “creating disharmony in the workplace.” Appellant filed suit, alleging that Appellee illegally retaliated against her in violation of Maine’s Whistleblower Protection Act. Appellant’s theory was that Appellee terminated her for reporting what she considered to be violations of state employment law to her supervisor and, thereafter, to Maine’s Department of Health and Human Services. The district court granted Appellee’s motion for summary judgment, concluding that, thanks to the “job duties exception” carved out in Winslow v. Aroostook County, Appellant had not engaged in protected whistleblowing activity. The First Circuit vacated the district court’s grant of summary judgment after addressing a jurisdictional issue, holding that the district court misapplied the First Circuit’s holding in Winslow, and the court’s erroneous shortcutting of the Winslow analysis required a remand for the district court to re-analyze Appellant’s claims.
The court issued a subsequent related opinion or order on January 14, 2016.
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