JPMorgan wrongfully fired financial adviser

FILE PHOTO - A man walks into the JP Morgan headquarters at Canary Wharf in London

FILE PHOTO - A man walks into the JP Morgan headquarters at Canary Wharf in London

Published Jan 11, 2017

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New York - JPMorgan

Chase & Company wrongfully fired a financial adviser in retaliation for

publicly complaining that managers pressured him to sell the bank’s own

investment products, a federal investigator found.

JPMorgan said it

will appeal the finding awarding Johnny Burris $64 400 in back wages and

$100 000 for reputational damage, pain and suffering. The finding by an

investigator for the US Occupational Safety and Health Administration was released

Tuesday.

OSHA, which is

part of the Labour Department, determined that JPMorgan’s decision to terminate

Burris resulted in part from employee behaviour protected under the

anti-retaliation provisions of the Sarbanes-Oxley Act. An appeal would be

considered by an administrative law judge.

“Burris

previously raised these same claims to a FINRA panel, with the same basic

evidence, and the claims were denied,” JPMorgan spokeswoman Patricia Wexler

said in an e-mailed statement. “We look forward to presenting our case in the

next step of this process and putting this to rest.”

Read also:  Latter joins JP Morgan

Under the OSHA

finding, JPMorgan would have to clear an industry complaint it wrongfully

listed against him and expunge his industry employment record, known as a U5.

It would also have to pay him reasonable attorney’s fees.

Limited damages

Burris expressed

dissatisfaction with the decision. “They ruled in my favour but tried to limit

the damages to the bank," he said.

The arbitration

decision by the Financial Industry Regulatory Authority was based on a

complaint faulted by the OSHA investigator, Burris said.

OSHA’s San

Francisco office, which handled the case, didn’t respond to a request seeking

comment on the finding.

Burris began

working as a Chase Private Client adviser in Sun City West, Arizona, in June

2010. Shortly afterward, he started voicing complaints internally about being

pressured by managers to sell more of the bank’s products to his elderly

clientele, even if there were better investment options for them. Burris also

provided information about his concerns to the New York Times, which featured him

in a July 2012 article.

In the following

months, Burris’s managers frequently discussed how he was selling a low

percentage of JPMorgan-managed products, according to OSHA’s written finding.

Burris was fired by the bank in November 2012. A JPMorgan manager went outside

firm procedure, turned an oral customer complaint into a written one and

required Burris to list it on his employment record, “likely blacklisting him

and causing him reputational harm,” according to the OSHA finding.

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