Court Rejects Salesman's Ethics Case
Posted on Tue, Jan 18th, 2011 by Top Rep
Filed Under: road frustrations

A manager at an Oregon car dealership said he was fired because he insisted on being an honest salesman. The state supreme court disagreed Thursday.

Kevin Lamson argued he was wrongfully discharged from Crater Lake Motors in Medford after he told his bosses he wanted no part of a sales campaign that he believed included deceptive ads and sales practices.

Lamson sued the dealership and won in trial court, but the Oregon Supreme Court reversed the decision. It said in a unanimous opinion Thursday that there was no evidence to support Lamson's claim he was fired for reporting the practices.

He had been at the dealership for 15 years when Crater Lake Motors contracted with another company, Real Performance Marketing, to hold a special weeklong sales event for used cars.

Lamson said he observed sales tactics he believed to be unethical and illegal, including "payment packing" by inflating monthly payments with life insurance and service contracts without the customer's knowledge.

When the dealership decided to hold a second sales event with the same company, Lamson complained to upper management in person and in two letters.

He refused to take part even though the owner told him the contract with Real Performance Marketing had been amended to prohibit deceptive conduct and participation was mandatory.

The Supreme Court said Crater Lake Motors had assured Lamson it would prohibit any such conduct and warned him the sales event was considered part of his job.

The court also said the conduct did not rise to the level of a threat to public health or safety - typical requirements for protecting whistleblowers from being fired.

© 2009, YellowBrix, Inc.


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