United States Seventh Circuit

Plaintiff's petition for review of an administrative review board's (ARB) decision sustaining an administrative law judge's (ALJ) conclusion that plaintiff was not terminated because he refused to drive a vehicle that he believed to be unsafe but rather because of his conduct in expressing his concerns, is denied where: 1) the ALJ's factual determination that the employer fired plaintiff not because refused to drive the truck assigned to him but because he was insubordinate and disruptive in expressing his safety concerns is supported by substantial evidence; and 2) although the plaintiff was entitled to some leeway for inappropriate behavior in expressing his concerns, the ARB was neither illogical nor arbitrary in sustaining the ALJ's determination that plaintiff exceeded that leeway in provoking and antagonizing his superiors.

Appellate Information

• Argued 11/30/2009
• Decided 12/10/2010
• Published 12/10/2010

Judges

• ROVNER

Court

• United States Seventh Circuit

Counsel