In Cowger v. Signal Peak Energy, Justin Cowger sued his former employer, Signal Peak Energy, for wrongful termination. Cowger claimed his firing violated Montana’s Wrongful Discharge from Employment Act (WDEA).
Incident and Injury
Cowger, employed as a longwall coordinator at Signal Peak’s coal mine, was injured when a large amount of coal fell from the longwall, burying him and breaking his leg. Following the accident, Cowger recalled hearing his coworker, Dave Brown, instruct others not to report the incident. Brown then drove Cowger out of the mine to avoid detection.
Before seeking medical care, Cowger called Dale Musgrave, Vice President of Underground Operations. Musgrave expressed concern due to ongoing FBI and EPA investigations at the mine. Cowger eventually went to the hospital but falsely reported the injury as an ATV accident.
Cowger underwent surgery for his injuries and returned to work shortly after. Soon after, the Mine Safety and Health Administration (MSHA) began investigating the incident based on an anonymous report. Signal Peak’s Director of Safety, Curtis Floyd, advised Cowger to report the accident to MSHA, which he did. However, Signal Peak incorrectly reported Cowger’s missed workdays as vacation time.
Termination and Lawsuit
Signal Peak later corrected its report to MSHA to reflect the actual number of missed workdays due to the injury. Two days later, the company terminated Cowger, citing his failure to report the accident correctly and discrepancies in his vacation day reporting.
Cowger filed a wrongful discharge lawsuit in state court, alleging that his termination violated the WDEA, claiming he was fired without good cause and in retaliation for reporting the incident to MSHA. Signal Peak removed the case to federal court, arguing Cowger’s actions surrounding the incident justified his termination.
Under Montana’s WDEA, a discharge is considered wrongful if it is retaliatory, without good cause, or violates an employer’s policies. Judge Timothy Cavan recommended granting summary judgment to Signal Peak on two claims: retaliation and violation of personnel policies. However, he found that whether Signal Peak had good cause to terminate Cowger was a matter for a jury to decide, as there was conflicting evidence on the reasons for the discharge.
Final Ruling
The court adopted most of Judge Cavan’s recommendations. It ruled that Cowger, in his role as longwall coordinator, held a managerial position, giving Signal Peak more discretion in firing him. However, the court also found there were unresolved issues regarding the actual reason for his termination. This issue will proceed to trial.
Joe Whitcomb
