Vacating FINRA Award

The Ninth Circuit Court of Appeals reversed the Order of the United States District Court which denied Petitioner Bradley Sayre’s motion to vacate an arbitration award which had been entered when the Arbitrator’s unreasonably refused to continue and arbitration when Mr. Sayre’s attorney had a medical emergency, and Mr. Sayre’s wife was about to give birth. The mandate has issued from the Federal Appellate Court and the case will go back to be arbitrated in accordance with due process.

Vacating an arbitration award is a very rare accomplishment, but was done by attorney Marie Mirch.

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Mirch Law Firm Wins Appeal at Ninth Circuit Court of Appeals in Favor of Former Home Depot Store Manager

The Mirch Law Firm won an unprecedented three appeals in four months before the Ninth Circuit Court of Appeals in favor of terminated employees. Two of those appeals were in favor of former Home Depot Employees in San Diego, California.

Janet Wheeler, a former store manager, sued Home Depot, U.S.A., Inc. claiming she was subject to a hostile work environment and was constructively terminated in 2014. In reversing the United States District Court’s order granting summary judgment in favor of Home Depot, the Ninth Circuit Court of appeals stated:

“Here the proffered evidence, taken in the light most favorable to Wheeler, raises substantial questions as to whether Home Depot created intolerable conditions that forced Wheeler to resign. After working for Home Depot for twenty years, and receiving excellent reviews, raises, and bonuses the preceding three years, Wheeler in April 2014 received a first Progressive Disciplinary Notice from her district manager. Wheeler testified that he told her that he was being pressured to ensure store managers were being held accountable, and repeatedly apologized to her for having to give her the notice. In addition, Wheeler proffered some evidence that management sought to get rid of older managers because they had high salaries. Wheeler complained about feeling unfairly targeted to her human resources manager. After a new district manager was appointed, Wheeler received additional negative performance reviews and on July 30, 2014, received a second Progressive Disciplinary Notice.”

The Court reversed the District Court’s Order paving the way for Ms. Wheeler to take her case to a jury. You can read the full Ninth Circuit Opinion at:

https://casetext.com/case/wheeler-v-home-depot-usa-inc-1?q=Janet%20Wheeler&p=1&tab=keyword&jxs=us,dme,dma,dnh,dpr,dri,dct,dvt,edny,ndny,sdny,wdny,dde,dnj,dvi,edpa,mdpa,wdpa,dmd,dsc,ednc,mdnc,wdnc,edva,wdva,ndwv,sdwv,edla,mdla,wdla,ndms,sdms,edtx,ndtx,sdtx,wdtx,edky,wdky,edmi,wdmi,ndoh,sdoh,edtn,mdtn,wdtn,cdil,ndil,sdil,ndin,sdin,edwi,wdwi,dmn,dne,dnd,dsd,edar,wdar,ndia,sdia,edmo,wdmo,dak,daz,dgm,dhi,did,dmt,dnv,dor,cdca,edca,ndca,sdca,edwa,wdwa,dco,dks,dnm,dut,dwy,edok,ndok,wdok,11cir,ddc,fedcir,wy&sort=relevance&type=case&resultsNav=false

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