Medal of Honor winner Dakota Meyer has dropped his lawsuit against BAE Systems OASYS. They have reached a settlement. See San Antonio Express News report. The terms of the settlement have not been released. It is routine in employment related cases to make the terms of any settlement agreement confidential.
Every lawsuit has another side. Now, we hear from Dakota Meyer's former supervisor at BAE Systems OASYS Inc. Bobby McCreight, Mr. Meyer's former boss, filed his Answer to Medal of Honor winner Dakota Meyer's lawsuit. Mr. Meyer's lawsuit accuses Mr. McCreight of defaming Mr. Meyer and costing him a new job. Mr. Meyer had applied for a position with Ausgar Technologies. Mr. McCreight is also a Marine veteran. He admits he did speak with the potential new employer at Ausgar, but says he had no idea Ausgar called regarding a job application by Mr. Meyer. See San Antonio Express News report. The defense contracting world is close knit. It is possible Bobby McCreight and the potential employer at Ausgar knew each other already.
Mr. McCreight says it is "absurd" that he ridiculed Mr. Meyer's military service. He says he served as a mentor to the younger Dakota Meyer. He helped the Medal of Honor winner draft the email criticizing BAE Systems for considering sending top of the line eqipment to Pakistan, the former supervisor claims.
The Answer claims that everything Mr. McCreight said to the potential employer was true. It states that Mr. Meyer failed to consistently follow through on his physical therapy and failed to attend schooling required by BAE Systems.
Mr. McCreight says in his Answer that he never used the word "mentally unstable" when discussing Dakota Meyer. He says he would never use those are words to describe a fellow veteran. I would hope so. As a veteran, I am also aware that the public sometimes expects some irrational behavior from us. It does not help to feed into this stereotype.
Yet, the Answer cites a book by Bing West, which refers to Mr. Meyer. "The Wrong War" describes Dakota Meyer as wound too tight and willing to fight anyone.
I have not read Mr. McCreight's Answer. But, I have to wonder why he found it necessary to criticize Dakota Meyer, even if he did it via a book written by a well-known military author. And, I am still scratching my head that when the President called Dakota Meyer to congratulate him on the MOH, Mr. Meyer felt he had to ask the President to call him on his lunch break. I have represented many nervous employees. But, cannot recall such a situation where an employee's job position was so tenuous that a call from the President on something as important as the Medal of Honor might cause them problems.
Every lawsuit has another side. It seems to me so far that Mr. McCreight has an uphill climb in this defamation lawsuit.
Defamation is hard to win in Texas. See my prior post about a recent defamation case here in San Antonio. This nurse had what should have been good evidence, yet she lost. Employers enjoy a "qualified privilege" in Texas. That means the employee must show actual malice by the employer. Dakota Meyer, a very recent Medal of Honor recipient, has filed suit against his former employer, BAE Systems for defamation. See San Antonio Express News report. He filed his suit here in San Antonio.
According to his suit, BAE defamed him in seeking new employment. The world of defense contractors can be close knit. Verbal discussions about prospective employees do happen. The Express News article describes an employer who appeared to diminish Mr. Meyer's achievements in Afghanistan. His supervisor referred to his then pending MOH as "pending star status." His supervisor was a former Marine himself. The harassment apparently started soon after Mr. Meyer complained that his employer was sending top flight equipment to the Pakistan armed forces. While, the Marines were using inferior equipment.
"Anti-hero" treatment is not unheard of. The news report reflects some surprise at this. Back when I was attending the Infantry Officers Advance Course at Ft. Benning, I worked for a few days for a Lieutenant-Colonel. I was a captain at the time. The LTC told me about his time at the IOAC in the late 1960's. In the Infantry world, we have a pecking order of our own. Infantry officers with Ranger tabs, and other "hooah" badges sometimes believe they are at the top of the pyramid. Some of the young officers at the IOAC in the 1960's looked down a bit at one student officer because he lacked the hooah badges. Then at some function where everyone wears their medals, the officer wore his own MOH. The "hooah" officers then started belittling his achievements, saying his MOH was not as deserving.
There will always be those who minimize even tremendous achievements. But, they should not impair one's ability to find work. According to the news report, when President Obama called Mr. Meyer to congratulate him for being awarded the MOH, Mr. Meyer asked him to call him on his lunch break. The Medal of Honor winner did not even feel secure enough in his job to allow the President of the United States to call him during work hours.
The truth is some folks just need to be sued.
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