Where an employee suffered an amputation of a finger when his Kevlar glove became entangled in one of the rotating machines at his employer’s facility, in spite of the fact that the employer had a safety rule, which the employee acknowledged he... Read More

A federal district court, construing Illinois law, held in relevant part that a plaintiff had failed to make out a prima facie case of retaliatory discharge where her firing occurred some four years after she had filed her workers' compensation claim... Read More

Construing South Carolina law, a federal district court held that a plaintiff's mere showing of proximity in time between her injury and her termination was insufficient to support a claim of retaliatory discharge. Interpreting S.C. Code Ann. §... Read More

A Maryland appellate court held that, under an appropriate fact pattern, an employer that declines to renew an employment agreement with an injured worker for which the parties anticipated a reasonable possibility of renewal may be liable for a retaliatory... Read More

Although proximity in time between the filing of a workers' compensation claim and the firing of the employee can be important in establishing the retaliatory motives of the employer, it is insufficient where the employer comes forward with a valid... Read More

Observing that the state's Workers' Compensation Board had found the claimant's testimony credible, according to which the claimant's supervisor "stormed off" when the claimant advised that he would be filing a workers' compensation... Read More

Construing Tennessee law, a federal district court held that an employer violated the state’s retaliatory discharge law when it fired an injured worker shortly after an encounter between the worker and two supervisors in which the supervisors berated... Read More

Where an injured employee was fired less than two weeks after sustaining an injury and before he had actually filed a workers’ compensation claim, he could nevertheless pursue a retaliatory discharge action, held a Florida appellate court. The court... Read More

In maintaining a retaliatory discharge claim against the former employer, it is not enough, held a New York appellate court, to show close proximity between the filing of a workers’ compensation claim and the termination of employment where the... Read More

Because a retaliatory discharge action was “integrally related” to the West Virginia Workers’ Compensation Act, it could not be removed to federal court under 28 U.S.C.S. § 1445(c), held the U.S. District Court for the Southern... Read More

Reversing a decision of a federal district court that had ruled the retaliatory discharge provision of the Tennessee Workers’ Compensation Act was preempted by the Immigration Reform and Control Act of 1986 (“IRCA”), the Sixth Circuit... Read More

A federal district court, construing Pennsylvania law, held that in order for a discharged worker to maintain a civil action against a former employer for retaliatory discharge, it is insufficient for a discharged worker to show that the former employer... Read More

In an opinion not designated for publication, the Court of Appeals of North Carolina affirmed a trial court’s order granting the defendant/employer summary judgment in a retaliatory discharge action filed against it by a former police officer who... Read More

Under Oklahoma’s retaliatory discharge statute, 85A O.S.Supp. 2013 § 7, a worker who claims that he or she was fired for filing a workers’ compensation claim must seek relief from the state’s Workers’ Compensation Commission;... Read More

The provision in Ohio law [Ohio Rev. Code § 4123.90] prohibits an employer from terminating a worker who files a claim for workers’ compensation benefits, the statute does not apply where the claim was filed regarding a prior employer. Thus... Read More