Engelhardt v. Qwest Corp., No. 17-2492 (8th Cir. 2019)
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Plaintiff filed suit alleging that CenturyLink and CenturyLink's operations director terminated him in retaliation for a prior Fair Labor Standards Act suit he had participated in. The Eighth Circuit affirmed the district court's grant of summary judgment for defendants on his FLSA retaliation claim, holding that there were no genuine issues of material fact as to defendants' motives for terminating him. In this case, defendants provided a legitimate, non-retaliatory ground for terminating plaintiff, his low productivity.
The court also held that the district court did not err by determining that plaintiff was an independent contractor and lacked standing to bring his claim under the Minnesota Whistleblower's Act. Finally, plaintiff's claim for tortious interference was properly dismissed because neither CenturyLink nor the operations director violated federal or state law, and their interference was not independently tortious.
Court Description: Smith, Author, with Loken and Gruender, Circuit Judges] Civil case - Fair Labor Standards Act. In action alleging a FLSA retaliation claim, defendant provided a legitimate, non-retaliatory ground - lack of productivity - for terminating plaintiff, and he failed to show the stated ground was a pretext for retaliation for his participation in an earlier FLSA law suit; with respect to plaintiff's Minnesota Whistleblower's Act claim, the district court did not err in determining he was an independent contractor and lacked standing to bring the claim; claim for tortious interference was properly dismissed as neither defendant had violated federal or state law or committed an act that was independently tortious.
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