LOUISVILLE, Ky. — A circuit court judge ruled Tuesday that Dr. Kish Cumi-Price, former CEO of the Louisville Urban League, will be allowed to continue her wrongful termination lawsuit against her former employer.
"Of course [Price] is happy, and we've seen Judge Bellows' well-written ruling, and we're ready to get going," Price's lawyer, Tom Coffey, said.
Judge Melissa Logan Bellows denied a motion to dismiss that the League filed on June 12. The two sides had oral arguments on Aug. 31.
Price alleged in her original suit that during her first four months as CEO of the League, she began to see signs of mismanagement of funds, and possibly illegal or unethical management structures between the League and the Norton Sports and Learning Center. She said as she started to investigate those, she was fired and given no reason for the firing.
The League has maintained that Price lacked a claim that any board members of the League or other employees asked her to violate any state laws by ignoring signs of wrongdoing. They have also said that because Kentucky is an "at-will" employment state, the nonprofit didn't need to give any reason for firing her.
Bellows said Tuesday that Price was trying to fulfill her duties as an officer of a nonprofit under KRS 273.229(1)(a)-(c), and that if a person is fired solely for trying to perform their job duties, they have a right to file a wrongful termination suit.
"Price would be in violation of her duties if she failed to act on information that she reasonably doubted or questioned regarding the League’s appropriation of funds," Bellows wrote.
She also took the opportunity to say why granting the League's motion to dismiss would have been far too broad, and could have set a precedent that bars future employees from seeking damages.
"Were the Court to adopt the League’s interpretation, employers who were smart enough to identify employees that would expose wrongdoing could simply fire them quickly enough to avoid exposure, so long as they did not expressly ask the employee to participate in the wrongdoing, all without legal repercussion," she wrote.
Bellows also said one of the League's key cases it cited was "unpublished" and thus she could not recognize it in its arguments.
The lawyer for the Urban League, Alina Klimkina, said they ae disappointed by the courts ruling, "but will have the opportunity to ask Judge Bellows to dismiss Dr. Price’s Complaint after the parties gather relevant evidence and complete depositions."
"We are confident discovery will confirm that Dr. Price’s allegations are fictional and her claims have no merit," Klimkina said. "The League vehemently denies Dr. Price’s assertions, and is eager to clear its name."
"In Kentucky, the law is that you err on the side of letting people come to court. You air on the side of letting cases proceed, so that justice can be obtained. And I think Judge Bellows hit it right on the head," Coffey said.
Coffey said he will likely begin filing motions for discovery soon, which should include the League's reason why Price was fired.
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