Test Dispute Sparks Wrongful-Firing Suit : Regulations: A man alleges a Newport firm failed to follow U.S. procedures on emissions.
A former executive at Emerson Technologies L.P. is suing the company for wrongful termination, alleging that he was fired for opposing the company’s failure to follow government procedures for testing its computers for radio-wave emissions.
William Gilliland, former vice president of business development at Emerson, is seeking to recover lost wages and $1.5 million for emotional distress caused by his firing, according to a suit filed this week in Orange County Superior Court in Santa Ana.
The suit alleges that certain computers made by Emerson failed to comply with regulations set by the Federal Communications Commission for radio-wave emissions. The FCC tests are meant to ensure that the emissions do not create radio interference.
Alex Sill, vice president of marketing for Emerson in Newport Beach, said the suit is without merit.
“All the systems we have shipped to the marketplace meet all government regulations,” Sill said. “I’m certain that, as discovery takes place and as they find the paperwork on all our machines, they will find we have complied.”
But Gilliland, who left the company in September, 1990, alleged in the suit that thousands of 12-megahertz computers made by Emerson were shipped to the firm’s parent company, Emerson Radio Corp., then to Wal-Mart general merchandise stores, without first being tested for radio-wave emissions.
The computers allegedly contained modems made by San Jose-based Digitan Systems Inc. that exceeded FCC limits on radio-wave emissions. Sill said the company received about 3,000 flawed modems from Digitan but never shipped its computers with those modems.
“Apparently Mr. Gilliland didn’t know that the modems were replaced,” Sill said. “We spent a lot of money replacing them. He has no case, and I don’t know why he is doing what he is doing.”
Sham Tandon, president of Digitan, confirmed that his company shipped to Emerson a “small number” of modems that were missing a component.
He said the flawed shipment was returned to Digitan, and none of the modems were sold to the public.
