On May 5, 2023, the U.S. District Court for the Northern District of Illinois granted a defendant-employer’s motion for summary judgment on whistleblower retaliation claims, holding that the company demonstrated that it would have terminated Plaintiff’s employment even in the absence of any alleged protected activity due to his refusal to cooperate in the company’s efforts to confirm that he was fit to return to work after taking a short-term disability leave. Del Signore v. Nokia of America Corporation, No. 20 C 4019.
Background
Plaintiff, a former Lab Infrastructure Engineer at the company, which makes equipment used by large telecommunications providers, allegedly noticed a flaw in the performance of a wireless network which resulted in an excess of roaming operations. In the fall of 2017, Plaintiff proposed to create an improved smartphone measurement system to address the issue. Plaintiff alleged that he was initially told his idea was lucrative but subsequently received feedback that the project’s business plan needed more work, leading Plaintiff to believe the project was cancelled. Plaintiff then began short-term disability leave in May 2018 for “work-related stress.” While on leave, Plaintiff filed two internal ethics complaints, alleging that the delay or cancellation of the project left him suspicious that the company may have been colluding with the wireless carrier to benefit from the inflated measurements of roaming usage by customers.
In September 2018,...
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