United States Fifth Circuit

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Hagan v. Echostar Satellite, L.L.C., 07-20191

In an action brought under the Fair Labor Standards Act alleging that plaintiff was engaged in protected activity and that termination constituted unlawful retaliation, summary judgment for defendant is affirmed where: 1) there was no conflict in substantial evidence to preclude summary judgment; 2) the circuit adopts the majority rule with allows an informal complaint to constitute protected activity under section 251(a)(3); 3) plaintiff was not involved in a protected activity since his actions did not rise to the level of an informal complaint; and 4) management documents created in connection with plaintiff's termination which pointed to the possibility of the technicians seeking "outside representation" were not enough to show he engaged in protected activity.

Appellate Information

  • Decided 05/30/2008
  • Published 05/30/2008


  • DRELL, District Judge:, Before DAVIS and SOUTHWICK, Circuit Judges, and DRELL, District Judge.


  • United States Fifth Circuit


  • For Appellant:
  • Hak K. Dickenson (argued), Tipton Jones, Houston, TX, for Hagan.

  • For Appellees:
  • David M. Noll, Stephanie A. Waller (argued), Chad M. Hagan, T. Wade Welch & Associates, Houston, TX, for Defendants-Appellees.