Exam A
Test your knowledge of equine law. by Attorney Krysia Nelson
If A Whisteblower Blows His Whistle While At Work, Does It Make A Sound?
pathy Stable employed Joe Groom as a horse groom. One day, while at a show two states away from their home base, Joe was kicked
in the head by a stallion. Joe was briefly knocked out cold, and the kick caused a laceration to his head that was bleeding badly—as head cuts often do. Joe asked Apathy Stable’s owner that he be al- lowed to go to the hospital to obtain appropriate medical treatment for the injury. Apathy Stable’s owner refused the request. Instead, Apathy Stable’s owner informed Joe that
the veterinarian could stitch Joe’s bleeding head. The vet didn’t have the kind of stitches normally used for people, and he would have to use the same kind of stitches normally used for horses. Joe’s boss told him, “If you don’t want the vet
to fix you up, then fine. You can find your own way back home and find yourself another job. Having
Equine Litigation Consulting Certified Equine Appraisals Expert Witness
no other option, and faced with losing his job other- wise, Joe let the vet stitch his head. But he did not remain silent about what he, in good faith, believed to be illegal medical treatment. Joe protested loudly and repeatedly, both to his boss and to the veterinarian. Joe experienced headaches in the months that
followed. Still incensed about the indignity and il- legality of being treated by an animal doctor, he continued his protests, including explaining how the headaches were due to not being seen by an appropriate human doctor. There was no one in a higher position within Apathy Stable’s company than Apathy Stable’s owner. About four months after the accident, Apathy
Stable’s owner abruptly fired Joe. The motivating reason for the termination was Joe’s continued op- position and/or refusal to remain silent about what he reasonably perceived to be illegal activity—treat- ment by an animal doctor for a human injury. Joe filed a lawsuit against Apathy Stables, alleg-
ing that his termination was illegal because it was a form of retaliation against him for complaining about the stable’s handling of his on-the-job injury. Apathy Stables defended itself against the law- suit and asked the court to dismiss Joe’s lawsuit on the grounds that Joe never reported its allegedly illegal activity to any outside person or entity, and that a “whistle blower” claim cannot be maintained where the only report has been made “in-house.” Joe contends that where a company’s owner is
a participant in illegal activity, reporting the illegal activity solely to the owner should not preclude a retaliatory discharge claim premised on refusal to remain silent.
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About the author: Krysia Carmel Nelson is an at- torney from Virginia who is a nationally-recognized expert in equine law. Attorney Nelson represents horse owners, train- ers, riders, breeders, equestrian facilities, farms, clubs and associa-
tions across all nationally and internationally recognized disciplines. As a lifelong equestrian, she currently rides and competes her Hanoverian Affirmed on Appeal in the amateur hunters. She can be reached at
eqlaw@aol.com.
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© The Book LLC 2011
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