A whistleblower suit was reinstated by the US Court of Appeals, ruling that an employer shouldn't have been awarded summary judgment on a retaliation claim brought on by a recently fired employee. The plaintiff employee had accused the employer of continuously using poor quality concrete on a Big Dig construction project, and just days afterwards was fired on the grounds of refusing a drug test.
The 1st Circuit found the surrounding conditions regarding employee's firing to be worth investigating and questioning. It was noted that the temporal proximity between the time that Aggregate Industries, the defendant employer, signed the settlement agreement and the time he dismissed the employee suggests retaliatory reasons. A trial worthy issue came forth when the Judge questioned if the defendant's reason for firing the whistleblower was a fraudulent.