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Employment: Jerry Hall v. Consol Of Kentucky, Inc.

In January 2006, the Sixth Circuit Court of Appeals affirmed the dismissal of a wrongful discharge claim brought by former employee, Jerry Hall, against Consol of Kentucky, Inc.

Hall had claimed that his termination from Consol was in retaliation for his having photographed mining equipment for use by a co-employee in the co-employee’s Workers’ Compensation proceeding. He also claimed that his discharge violated Kentucky’s law against intentional infliction of emotional distress, and that Consol had committed a breach of implied contract. The trial court found that Hall’s claims were legally insufficient. With respect to the claim of wrongful discharge, the Court considered, but rejected, Hall’s position that such a claim could be based upon expressions of public policy contained in statutes that were not directly applicable to the facts of this case. The Sixth Circuit’s decision affirming the trial court’s dismissal is now final. Wendy Bryant Becker and Bruce E. Cryder, Members in our Lexington office, represented Consol.

  • Senior Partner

    Bruce is a member of the Environmental and Natural Resources Practice Group. His practice focuses on mineral, energy and natural resources law, with a particular emphasis on the coal industry. He represents coal producers ...

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