Bailets v. Pa. Turnpike Commission

Appellant Ralph Bailets was employed by the Pennsylvania Turnpike Commission from 1998 to 2008. Appellant achieved “outstanding” and “commendable” performance ratings while employed as the Commission’s manager of financial reporting and systems. During this time, appellant frequently complained that he observed improprieties and wasteful practices regarding various matters, including a Commission computer systems contract with Ciber, Inc., EZPass discounts, politically motivated personnel actions, and the use of multiple, unnecessary external investment managers. Appellant’s job title and responsibilities were changed in June, 2008, he was removed from an additional position as assistant secretary-treasurer around the same time, and his employment by the Commission was ultimately terminated in November, 2008. Believing these actions were retaliation for his reports of wrongdoing and waste at the Commission, appellant filed a complaint in the Commonwealth Court’s original jurisdiction, alleging a single claim under the Whistleblower Law, against the Commission, Anthony Q. Maun, the Commission’s director of accounting; and Nikolaus H. Grieshaber, the Commission’s chief financial officer (collectively, appellees). In an unreported, single-judge opinion, Senior Judge Friedman held the decision to terminate appellant was “a management discretionary action, motivated by legitimate employer objectives.” The court concluded there were legitimate reasons for firing appellant, and there was nothing in the record establishing the decision makers who terminated his position were even aware of appellant’s reports of alleged wrongdoing and waste; the evidence instead showed 15 positions were eliminated in November, 2008, because of “a poor economy, declining traffic, and necessary expense reductions across the Commission.” After review, the Supreme Court reversed the Commonwealth Court. The Court found sufficient evidence that appellant made prima face evidence of violations of the Whistleblower law, "which at the very least created issues of material fact to preclude the grant of summary judgment." View "Bailets v. Pa. Turnpike Commission" on Justia Law