Legal Trickery – Eric A. Parzianello

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Bank of America Fires Poor Manager; U.S. Says She Was a Whistleblower and Awards Her $930,000

Posted by Eric Parzianello on September 15, 2011

As a timely follow-up to a recent blog regarding documentation of employee deficiencies, whether a former Bank of America employee’s personnel file was sufficiently “papered” with negative performance reviews will almost certainly be at issue on appeal.  The bank was ordered to reinstate and pay a former employee approximately $930,000 in back wages, interest, compensatory damages and attorney fees after the United States Department of Labor found that she was fired for being a whistleblower.

The employee worked for Countrywide Financial Corp., which merged with Bank of America in July 2008.   According to the Department of Labor, the employee revealed “widespread and pervasive wire, mail and bank fraud involving Countrywide employees”  and was fired shortly after the merger.

In a Bank of America statement reported by the Los Angeles Times the bank said it fired the employee “solely based on issues with the employee’s management style and in no way related to the employee’s complaints and the allegations made in the complaint.”  The bank said it will appeal the ruling to the Labor Department’s Office of Administrative Law Judges within 30 days.


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