Whistleblower Attorney Says Lawsuit Against Boeing Can Continue Despite Death of Plaintiff

The headquarters for The Boeing Company is seen in Arlington, Va., on Jan. 31, 2024. Samuel Corum/Getty Images

Boeing whistleblower John Barnett’s lawsuit could continue posthumously, and his estate could be substituted as the complainant, his attorney has said.

Barnett worked for over 30 years at Boeing before retiring in 2017. He was a vocal critic of the company’s safety and production quality, and a crucial witness in a whistleblower lawsuit against Boeing. Barnett claimed the aircraft maker had retaliated against him for repeatedly reporting defects and filed a lawsuit soon after his retirement.

Barnett was found dead on March 9 “from what appears to be a self-inflicted gunshot wound,” the Charleston County Coroner’s office told The Epoch Times in a statement. No additional details were released, and the Charleston City Police Department investigation is still ongoing.

However, whistleblower attorney Stephen Kohn has said that his client’s death won’t necessarily end the lawsuit against Boeing. According to Mr. Kohn, Barnett’s estate could opt in as the complainant.

“He won’t be able to get reinstatement, but the estate should be able to get compensatory damages for the stress that he suffered and back retirement,” Mr. Kohn said.

According to the court filings in Barnett’s lawsuit, Boeing retaliated against him for exposing potential safety issues with the 787 Dreamliner, which entered commercial service on Oct. 26, 2011.

Barnett’s lawsuit also alleges the company targeted him with “downgraded performance reviews” and several instances of “removal from investigations, denial of transfers, harassment,” all of which the court filing claims amounted to a constructive discharge, or constructive dismissal, when an employee resigns due to a hostile work environment allegedly created by the employer.

Boeing has denied any wrongdoing and claims there was no workplace retaliation against Barnett. In 2022, Boeing failed to get the lawsuit thrown out, and the case was set to go before a judge later this year.

According to Mr. Kohn, the delay between the filing in 2017 and actually getting the case heard was due to the type of the case, and the process, known as AIR21, which differs from a state or federal civil lawsuit.

Mr. Kohn said administrative law judges are well-versed in whistleblower law, but the sheer number of cases often keeps plaintiffs waiting to have their complaints heard for many years.

“Delays, lack of resources, you could be out of work and out of a job for years,” Mr. Kohn said.

“It’s very hard to get lawyers. How can you afford a lawyer when the case goes on and on?” he added.

Death Has Left Lawyers in Shock

Barnett’s death has left his attorneys, Brian Knowles and Robert Turkewitz, at a loss to explain why he would allegedly take his own life. In a media statement, the pair said they didn’t “see any indication he would take his own life. No one can believe it.”

According to Mr. Knowles and Mr. Turkewitz, Barnett was in “very good spirits” and “looking forward to putting this phase of his life behind him and moving on.”

“John was a brave, honest man of the highest integrity. He cared dearly about his family, his friends, the Boeing company, his Boeing co-workers, and the pilots and people who flew on Boeing aircraft,” the attorneys said.

Mr. Knowles and Mr. Turkewitz said that men like Barnett, who had “sincere and forthright character,” are a rarity, and are urging police to consider every angle in their client’s sudden death.

“We need more information about what happened to John. The Charleston police need to investigate this fully and accurately and tell the public what they find out. No detail can be left unturned,” they said.

Caden Pearson contributed to this report.