William F. Vanderhoff, Plaintiff, v. John Deere Consumer Products, Inc., Defendant., 2003 U.S. Dist. LEXIS 25805

Summary

Previously, the employee sued the employer under Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. § 2000e et seq., and state law. The federal claim was dismissed on summary judgment and the state law claim was dismissed without prejudice. The employee then sued in state court. After removing the action to federal court, the employer moved, in the alternative, for summary judgment pursuant to Fed. R. Civ. P. 56. The employer argued that no evidence showed that the employee was discharged in violation of the public policy stated in S.C. Code Ann. § 16-17-560 (1976). The court agreed. The employee allegedly was discharged for displaying a confederate flag decal on his toolbox at work, which he allegedly did as a political statement. Thus, the employee argued, the employer violated § 16-17-560 by discharged him for expressing a political opinion. While the employee's expression might be a matter of public concern generally protected under the United States and South Carolina ...