Tyco's decision to fire Jeffrey Wiest was likely caused by sexual comments he made to female co-workers, not by his challenge to the corporate spending on extravagant parties in the wake of a similar scandal that put Tyco's former CEO in jail, a federal judge in Philadelphia has ruled.

The judge's earlier decision in the case, granting Tyco's motion to dismiss back in 2011, was reversed by the U.S. Court of Appeals for the Third Circuit and now the case is “going back to the Third Circuit,” said Richard Angino, Wiest's lawyer, saying they will appeal the grant of summary judgment for Tyco that was issued Monday.

Wiest, who worked for Tyco in the accounting department for more than 30 years, brought a suit against the company alleging that he was fired in 2010 in retaliation for his objection to approving payment for three lavish parties, claiming protection under the Sarbanes-Oxley Act.