As the saying goes, you can't win 'em all, and we don't.  Here are a few examples of reported decisions that we lost.  Read the synopsis or click on the citation for the court's opinion.

West v. Salt River Project.pdf

Camest West thought that his employer could force him to retire at age 65.  When he found out that they couldn't, and that others had retired shortly after he did with generous additional retirement benefits, he filed suit alleging age discrimination.  The court dismissed his case because he couldn't prove that anyone told him he had to retire when he did.

Chavez v. Copper State Rubber Co.pdf

When Andy Chavez was fired for refusing to give preferential treatment to non-union employees, the NLRB told his wife they couldn't help him because he was a supervisor.  He filed suit, and the employer convinced the court that his lawsuit was preempted because he could have gone to the NLRB.  The information his wife had been given was wrong in this case, but it was too late to do anything about it.

Galati v. America West Airlines.pdf

Charles Galati was a flight attendant for America West.  He was fired for refusing to continue flying with insufficient sleep.  He claimed this was a wrongful discharge because it violated an FAA rule to require him to fly without minimum sleep requirements.  The court dismissed the case, holding that federal regulations do not fall within the definition of "public policy" under Arizona law.

Higgins v. Assmann Electronics.pdf

After an affair with a female employee had ended, the CEO became angry and attacked her new boyfriend.  When he fired the employee during the incident, she sued him for assault and wrongful discharge.  The jury held both the CEO and the company liable for wrongful discharge. The CEO appealed, arguing that an individual manager cannot be liable for wrongful discharge.  The Court of Appeals disagreed and expanded the claim of wrongful discharge to reach managers as well as employers.