On August 26, 2022, the Third Circuit Court of Appeals issued a ruling in Crosbie v. Highmark Inc., _ F.4th_ (3d Cir. Aug. 26, 2022), holding that, an employee who makes a whistleblowing claim is not insulated from being terminated from their position if they exhibit harassing behavior in the workplace.
Background and Procedural History
Defendant Gateway Health Plan (“Gateway”), a health insurance company, hired Plaintiff Alastair Crosbie (“Crosbie”) to investigate fraud within Highmark Inc.’s (“Highmark”) network of doctors. In 2017, Crosbie discovered that some doctors did not have required Medicaid licenses, while others had prior convictions for selling opioid prescriptions. Crosbie reported his findings to his managers at Gateway, who declined to take any action. Crosbie urged his managers to do something, but his managers eventually told him to drop the issue.
About a year later, a co-worker filed a complaint against Crosbie with Highmark’s Human Resources department (“HR”). Specifically, the co-worker alleged Crosbie called her “Miss Piggy” and he “oinked” at her. HR interviewed an eyewitness, who also corroborated the allegation. Upon the urging of Crosbie, HR interviewed additional employees who knew of past issues between Crosbie and the complainant. Furthermore, HR interviewed Jim Burgess, one of Crosbie’s managers who Crosbie claims told him over a year ago to drop the issue regarding Crosbie’s fraud report. Burgess stated that “he would have questioned the...
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