Trio of Lawyers Claim Firm Fired Employees Based on Pro-Trump Opinions

A trio of attorneys formerly with Kain & Scott PA allege their Minnesota bankruptcy firm of firing co-workers for their public support of President Donald Trump, and the police force online. The attorneys making the allegations claim that after they pointed out the disparity, they were also fired for speaking up.

Details of the Case: William P. Kain et al. v. LifeBack Law Firm PA et al.

Court: Minnesota District Court for Stearns County

Case No.: 73-CV-21-3830

The Plaintiffs in the Case: William P. Kain et al. v. LifeBack Law Firm PA et al.

William Kain (name parner), and partners Margaret Henehan and Kelsey Quarberg claim that Kain & Scott President Wesley W. Scott forced them out of the firm after they brought up that his behavior regarding a number of terminations was inappropriate. The plaintiffs allege that Scott instructed the firm operations manager to fire two firm employees citing that they were “racist” because they shared pro-Trump and pro-police social media posts. The plaintiffs confronted Scott and told him they were worried that the previously mentioned conduct was a violation of state law prohibiting economic reprisals or loss of employment due to political affiliation or activity. They also claim they advised him the situation was not good for employee morale and that it put the entire firm at risk. The plaintiffs allege wrongful termination, whistleblower law violations, breach of fiduciary duty, tortious invasion of privacy, and defamation. They seek unspecified damages, including lost wages and benefits, as well as a court order to force Scott or the firm in general to purchase their shares at a previously agreed upon value.

The Defendant in the Case: William P. Kain et al. v. LifeBack Law Firm PA et al.

The trio of attorneys claim that initially Scott apologized for her behavior and officially resigned, requesting that Kain, Henehan, and Quarberg buy him out. However, the next day, Scott withdrew his resignation, and instead terminated the three attorneys who brought the complaint. Scott told other firm staff that the plaintiffs were fired for insubordination, which the plaintiffs claim is not true.

Since the Suit was Filed: William P. Kain et al. v. LifeBack Law Firm PA et al.

Since the suit was filed, the firm continues to use Kain’s name, although it did officially change the name of the firm to LifeBack Law Firm (late May 2021). According to the plaintiffs, Kain’s name is still used on the firm’s website, address, and property signage. The three attorneys who were fired from the firm state that they are shareholders owning a combined 50% of issued and outstanding shares of the firm’s common stock, but that the firm is being difficult in negotiating to buy out their shares. The plaintiffs also claim that Scott cut off their access to firm telephones, email, computer systems, and physical offices (the locks were changed). Scott even called the police requesting they remove Quarberg from the St. Cloud office. He claimed Quarberg was trespassing and physically threatened him.

If you have questions about California labor law violations or wrongful termination, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.