McCullough v. Roby

**What Happened** McCullough sued their former employer Roby for malicious prosecution, claiming the company wrongfully had them criminally charged. McCullough argued that Roby initiated criminal proceedings against them without proper justification and with malicious intent. **What the Court Decided** The court ruled in favor of Roby and dismissed McCullough's lawsuit. The judge found that there was probable cause for the criminal prosecution because a grand jury had issued an indictment and marijuana was discovered at McCullough's property. The court granted summary judgment, meaning they decided the case without a trial because the facts were clear enough that no reasonable jury could rule differently. **What This Means for Workers** This ruling shows how difficult it can be to win a malicious prosecution case against an employer. Workers need to prove their employer acted without probable cause and with malicious intent when reporting suspected criminal activity. If law enforcement finds evidence supporting the employer's claims—like the marijuana in this case—or if a grand jury issues an indictment, courts will likely find the prosecution was justified. Workers considering such claims should understand that the legal bar is quite high for proving malicious prosecution.