Reporting coworker's adultery isn't protected activity, NC court rules

The North Carolina Court of Appeals recently dealt with the question of whether an employee who reports a coworker's private sexual activity is protected from adverse action by her employer under state public policy. In upholding the employee’s termination, the appeals court held that reporting the coworker's adultery isn't protected activity, and employers may take adverse action against employees on that basis. Because wrongful discharge in violation of public policy claims are often thought of as catch-all remedies for employees, you should consider such claims when making termination decisions.

Schwarz’s employment

Molly Schwarz worked for medical device company St. Jude Medical as a clinical specialist, conducting “patient checks” in doctors’ offices and hospitals to assess and assist with the adjustment of implanted medical devices. She also had to field calls and answer questions about the devices and provide information at conferences within a defined territory. Over several years, St. Jude received multiple complaints from doctors and patients about her unprofessional or inappropriate behavior, including some complaints so serious that physicians prohibited the company from sending her to work with them.

• In June 2014, a physician banned Schwarz from working with him because she gave him an expired medical device to implant.