DeMASTERS v. CARILION CLINIC

No. 13-2278.

796 F.3d 409 (2015)

J. Neil DeMASTERS, Plaintiff-Appellant, v. CARILION CLINIC; Carilion Medical Center; Carilion Behavioral Health, Inc., Defendants-Appellees. National Employment Lawyers Association; Equal Employment Opportunity Commission, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 10, 2015.


Attorney(s) appearing for the Case

ARGUED: Terry Neill Grimes , Terry N. Grimes, Esq., PC, Roanoke, Virginia, for Appellant. Frank Kenneth Friedman , Woods Rogers PLC, Roanoke, Virginia, for Appellees. Susan L.P. Starr , U.S. Equal Employment Opportunity Commission, Washington, D.C., for Amicus United States Equal Employment Opportunity Commission. ON BRIEF: Brittany Michelle Haddox , Terry N. Grimes, Esq., PC, Roanoke, Virginia, for Appellant. Agnis Chandra Chakravorty , Joshua Richard Treece , Woods Rogers PLC, Roanoke, Virginia, for Appellees. Michael L. Foreman , Pennsylvania State University Dickinson School of Law Civil Rights Appellate Clinic, State College, Pennsylvania; Roberta L. Steele , National Employment Lawyers Association, San Francisco, California, for Amicus National Employment Lawyers Association. P. David Lopez , General Counsel, Lorraine C. Davis , Acting Associate General Counsel, Carolyn L. Wheeler , Assistant General Counsel, U.S. Equal Employment Opportunity Commission, Washington, D.C., for Amicus United States Equal Employment Opportunity Commission.

Reversed and remanded by published opinion. Judge KRAUSE wrote the opinion, in which Judge AMBRO and Senior Judge BARRY joined.


In 2011, after five years of employment as an employee assistance program consultant in Carilion's behavioral health unit, Appellant J. Neil DeMasters allegedly was fired for acting "contrary to his employer's best interests," failing to take the "pro-employer side," and leaving his...

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