O’Brien Law Firm helps insurance adjusters recover $289,000 through the NLRB
In March 2017, the O’Brien Law Firm helped 6 hardworking insurance adjusters recover $289,000 in back pay and expenses for a wrongful termination, against Wardlaw Claims Service of Waco. Wardlaw had fired 5 of the 6 adjusters on the same day in February 2016, at a State Farm work site in Dallas, after Wardlaw management received an anonymous email complaining that the company was mistreating him/her, and his/her fellow adjusters. In response, Wardlaw management then summarily terminated a group of 7 hardworking people that day – some of whom had no disciplinary history with the company, were very good at their jobs, and absolutely denied sending the email. This sent an iron-fisted message to the remaining adjusters to keep your head down and don’t complain.
Some of the terminated adjusters got ahold of attorney Kerry O’Brien, who promptly filed federal complaints on their behalf with the National Labor Relations Board Fort Worth Regional Office and assisted the agency in an enforcement investigation that led to the substantial back pay recovery. O’Brien recognized that, through the federal law known as the National Labor Relations Act, employees at private companies usually have the right to complain to management about working conditions on behalf of themselves and their fellow employees. O’Brien was also aware that the law did not allow the company to fire people who they thought might have sent the anonymous email.
In addition to writing checks to the firm’s clients, Wardlaw had to publicly post a notice at the work site notifying all of the remaining adjusters of their rights and protections under the National Labor Relations Act. This is a situation where the O’Brien Law Firm not only helped get justice for its clients, but helped protect current and future employees at the company.
Suspiciously, without even knowing who sent the anonymous email, Wardlaw’s VP of Business Operations only selected minority adjusters for termination that day. So, the O’Brien Law Firm filed a race discrimination suit in court to further get justice for those clients. That case is currently pending in the United States District Court for the Northern District of Texas, as Civil Action No. 3:16-CV-2212.