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ADT Whistleblower case and wage claim by former ADT employee
May 13, 2021
ADT Whistleblower case and wage claim by former ADT employee 
          A former ADT employee, apparently fired by ADT, commenced a whistleblower action claiming that he was fired for retaliation reasons.  In order to make out a case for retaliation, the former employer had to adduce evidence suggesting that he engaged in protected activity—that is, that he reported practices he reasonably believed were illegal.
          “Thibodeau failed to do so. First, there is no evidence in this record that Thibodeau reported ADT’s telephone solicitation practices as illegal. Second, while he testified that he reported the illegality of ADT’s in person solicitation practices and distribution of leads to vendors, Thibodeau has not pointed to any evidence suggesting that his beliefs in the illegality of those practices were reasonable.”
          “The district court also properly granted summary judgment in favor of ADT on Thibodeau’s Claim Three (unlawful disclosure of customer information) because Thibodeau admitted that he was not a customer of ADT.”
          One claim by this former employee did survive summary judgment, his wage claim.
          “The district court erred in entering summary judgment on Thibodeau’s Claim Five (unpaid overtime wages). ADT bore the burden of demonstrating that California’s outside-salesperson exemption applied, and that factually specific determination requires “‘a purely quantitative approach’” that “focuses exclusively on whether the employee spends more than half of the workday engaged in sales activities outside the office.” Upon de novo review, we determine that summary judgment was inappropriate because there were genuine disputes of material fact as to whether Thibodeau “‘customarily and regularly work[ed] more than half [his] working time away from the employer’s place of business selling . . . items or obtaining orders.’
          Case is USCA, Nonth Circuit, Thibodeau v ADT

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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301