Prescott employee might get a new trial, charges his layoff was payback for whistleblowing

Whistle blowingBy Cindy Barks| The Daily Courier

A longtime City of Prescott employee who claimed he was wrongfully terminated during the city’s round of job layoffs in 2009 could be getting another day in court soon.

The U.S. Court of Appeals 9th Circuit in San Francisco announced Wednesday that it has reversed a number of the 2011 District Court rulings in the lawsuit involving former Prescott Parks and Recreation and employee Robert McBurnie.

After hearing arguments from the two sides on Nov. 5, the 9th Circuit reversed four of seven rulings from a six-day jury trial that took place in Prescott in February 2011 before U.S. District Judge Frederick Martone.

While the jury found for the city in the 2011 trial, this week’s reversal means that the lawsuit – in which McBurnie claimed he had been singled out for layoff despite his nearly 19 years as a city employee – could be back in a courtroom at some point in the future.

McBurnie’s attorney Tony Shaw said the reversal could lead to a number of actions, including a new trial, or the possible renewal of settlement talks.

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