In September 2003, plaintiff Robert Still, a 50-year-old termite technician with Orkin, claimed that his employer instructed him to spray pesticides in the area surrounding a home when the ground was too wet. Still claimed that treating the home would have been a violation of federal, state and company regulations. When he called a manager to report the conditions, he was allegedly instructed to disregard the regulations and treat the area anyway.
Still filed a report with a regional manager, alerting the office of the Pennsauken branch’s alleged practices of having unlicensed employees administer pesticides and of applying chemicals improperly. On the day the report was filed, Still was suspended. Eleven days later, Orkin fired him.
Still sued Orkin for violation of the New Jersey Conscientious Employee Protection Act. According to plaintiff’s counsel, Still’s discharge was wrongful and retaliatory.
Orkin denied liability. According to plaintiff’s counsel, the defendant contended that Still was lying. Orkin claimed that Still’s termination was unrelated to the plaintiff’s complaints. Orkin presented documents from Still’s personnel file indicating that he had a history of work-related grievances against him. His employer claimed that he had been insubordinate during at least one episode. Still’s counsel claimed that the assertion was overcome by accolades in his client’s favor, as well as an eyewitness account that contradicted the insubordination claim.
A regional certified field trainer of termite technicians and a 19-year employee of Orkin, Still claimed that having been fired made finding replacement employment difficult.
The parties stipulated that the plaintiff was owed $49,000 in back pay.
A Superior Court jury in Camden County awarded Still $5,112,184.
Robert Still
$4,000,000 Personal Injury: emotional distress
$49,000 Personal Injury: lost wages
$1,063,184 Personal Injury: punitive damages
The defendant’s motion for remittitur and the plaintiff’s motion for attorney fees and prejudgment interest are pending.