On Jan. 21, the U.S. Court of Appeals for the Tenth Circuit gave plaintiffs a motherload of useful holdings in Smothers v. Solvay Chemicals, Inc.
Here are the key facts as set out by the court, which was reviewing the trial court’s grant of the employer’s summary judgment motion: Steven Smothers worked with dangerous chemicals. His employer concluded that he committed a safety violation in handling an acid leak. He got into an argument with a co-worker on how to fix the leak and was allegedly “defiant,” “hostile,” and “aggressive” toward him, or so concluded the defendant.
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