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SIMON v. SIMMONS FOODS, INC.

No. 94-2421.

49 F.3d 386 (1995)

Robert L. SIMON, Petitioner, v. SIMMONS FOODS, INC., formerly known as Simmons Industries, Inc., Intervenor, The Secretary of the United States Department of Labor, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided February 27, 1995.

Attorney(s) appearing for the Case

Thomas Devine, Washington, DC, argued (Thomas Devine and Richard Condit appear on the brief), for petitioner.

Paul L. Friedman, Washington, DC, argued (Thomas S. Williamsson, Jr., Monica Gallagher, William J. Stone and Paul L. Frieden, appear on the brief), for respondents.

Before RICHARD S. ARNOLD, Chief Judge; HEANEY, Senior Circuit Judge; and FAGG, Circuit Judge.

HEANEY, Senior Circuit Judge.

Robert L. Simon, a security guard at Simmons Foods, Inc. ("Simmons Foods") was suspended without pay on January 8, 1987, and discharged eleven days later for making "false and malicious statements to a member of the general public" concerning the company's operations. A number of events preceded Simon's discharge, all of which need not be recited here. Suffice it to say that at the time of Simon...

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