An employer who waited 10 months after an employee’s work-related injury to fill the position and who offered the employee a number of positions when she sought post-recovery employment did not discriminate against the employee “solely because”...
Construing South Carolina law, a federal district court held that S.C. Code § 41-1-80 and statutes like it do not require an employer to retain an employee who can no longer perform the duties of her job simply because her inability to perform the duties results...
A former employee should be permitted to pursue a claim under against a former employer for retaliatory discharge under Conn. Gen. Stat. § 31-290a, in spite of the fact that the former employee’s union filed a grievance that was submitted to arbitration...
A Minnesota trial court appropriately dismissed a civil action filed by a former employee against her former employer which alleged, inter alia , that it terminated her employment because it feared she might file a workers’ compensation claim for an injury...
CALIFORNIA COMPENSATION CASES Vol. 82 No. 10 Oct 2017 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright...
Construing Pennsylvania law, a federal district court held that plaintiff, a former employee, had not established a prima facie case of retaliatory discharge when it was undisputed that he had sustained a work-related injury, but where he had given no indication...
A Texas appellate court affirmed a summary judgment order favoring the employer in a retaliatory discharge action under Tex. Lab. Code Ann. § 451.001(1). Although the superintendent and others were aware that the employee had been injured, none was aware that...
The Supreme Court of Alabama held it was error for a trial court to grant summary judgment in favor of the employer in a former employee’s retaliatory discharge action where the employee’s evidence indicated that she was fired 20 days after she filed...
A Florida trial court erred when it dismissed a former employee’s complaint against her former employer for failing to state a cause of action in her retaliatory discharge civil action [see § 440.205, Fla. Stat.], where she alleged that from the time...
The Supreme Court of Ohio, in a divided decision, held that a worker who tested positive for marijuana after seeking medical treatment for a work-related injury was nevertheless eligible for TTD benefits in spite of the fact that he had been fired after the injury...
The Supreme Court of Kansas, affirming an unpublished decision of a panel of the state’s Court of Appeals, held that a former probationary employee had properly stated a claim for retaliatory discharge where she alleged that her former employer, Kansas State...
A federal district court reiterated that under Tennessee law, an employer may terminate an at-will employee who is unable to perform satisfactorily because of physical infirmity, even though the physical infirmity resulted from an on-the-job compensable accident...
A former employee’s Illinois Workers’ Compensation Act retaliatory-discharge claim failed as a matter of law because there was no evidence that the official who made the decision to terminate the plaintiff (and others) had any knowledge that plaintiff...
Ohio’s retaliatory discharge statute, Ohio Rev. Code Ann. § 4123.90, seeks to protect the state’s employees on a no-fault basis from adverse employer actions following their the pursuit of benefits; there need not be any actual award of benefits...
In a case of first impression, the Supreme Court of New Jersey, reversing a decision by the Superior Court, Appellate Division, held that a clause in an employer’s job application form that required any claim or lawsuit against the employer to be filed no...