Windsor Mayor Drew Dilkens confirmed that the city has resolved a wrongful termination lawsuit brought by former city engineer, Chris Nepszy. The mayor announced the matter is completely resolved, and that city council reviewed and authorized all steps taken in reaching the resolution.
The mayor emphasized that any payments flowing from the settlement that qualify as salary must still be disclosed under Ontario's public sector salary disclosure law, and that no legal settlement can override those statutory reporting requirements.
Nepszy had filed a $1.5M wrongful termination claim in April 2024 after his November 2023 dismissal, alleging that senior officials fostered a "culture of corruption" and pressured him to misuse public funds. The city's court filings characterized him as an incompetent employee who was attempting to embarrass city hall and denied his allegations.
Both the city and Nepszy's legal counsel have confirmed that a settlement has been reached but have declined to release settlement terms or say whether any money was paid, citing restrictions on discussing individual employment matters and non-disclosure obligations.
Source: https://www.am800cklw.com/news/dilkens-confirms-lawsuit-resolved-with-former-engineer.html
Commentary
The above source states that the complainant alleged he was being "pressured" to misuse public funds.
Retaliating against an employee for refusing to engage in unlawful conduct creates liability exposure that can be as significant as the underlying violation itself.
Many jurisdictions recognize claims when an employee is punished, terminated, or otherwise disadvantaged for declining to break the law or violate clear public policy, even if the employee is at will.
Risk can arise where a supervisor pressures staff to falsify records, mislead regulators, misuse client funds, or ignore safety requirements, and then reacts negatively when the employee says no, complains internally, or contacts authorities.
Evidence of retaliatory motive often includes sudden discipline, exclusion from opportunities, hostile treatment, or pretextual performance criticisms closely following the refusal or complaint.
Prevention starts with a clear prohibition on directing or encouraging employees to commit illegal acts and an equally clear ban on retaliation against anyone who refuses such directives, raises concerns, or cooperates in an investigation.
Policies should explain how employees can report pressure to do something wrong through multiple reporting channels, including anonymous channels, and assure them that the organization will investigate and respond appropriately.
The last takeaway is that a workplace culture that rewards speaking up and promptly addressing concerns openly helps prevent illegal directives from being issued and reduces the likelihood of retaliation claims.
