Tabbert v. Howmedica Osteonics Corp.

The case involved Tom Tabbert, a 19 year employee of Stryker Orthopedics, alleging that his supervisor and his supervisor’s supervisor, both members of the Church of Jesus Christ of Latter Day Saints (LDS), discriminated against him by favoring other LDS employees over him when it came to assigning physician-customers and annual sales quotas. Mr. Tabbert also alleged that his LDS supervisor retaliated against him after he accused him of religious discrimination as part of the company’s hiring process.

The religious discrimination and retaliation caused Mr. Tabbert to resign from Stryker, seek employment elsewhere, and ultimately file suit against Stryker for  breach of contract, wage law violations, and workplace discrimination/retaliation. A copy of the complaint is available here.

Stryker answered Mr. Tabbert’s complaint and counter-sued Mr. Tabbert for violating what Stryker claimed was his non-compete agreement with Stryker.

Mr. Tabbert then received Court permission to amend his lawsuit to allege that Stryker’s counter-suit against him was in retaliation for his religious discrimination lawsuit. The trial court granted Mr. Tabbert’s request to make that legal claim. A copy of the trial court’s order is available here.

The case ultimately resolved.