Tag Archives: retaliatory discharge

Oklahoma’s Retaliatory Discharge Statute Withstands Constitutional Challenge

Lack of Jury Trial and Limited Damages Pass Constitutional Muster Oklahoma’s retaliatory discharge statute [85A O.S.Supp. 2013 § 7], which restricts jurisdiction in relevant instances to the Workers’ Compensation Commission and, therefore, prevents claimants from having their causes heard by … Continue reading

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Ohio Employer May Fire Employee Who Sought Workers’ Compensation Benefits from Prior Employer

No provision of Ohio law sanctions an employer for terminating an employee who sought workers’ compensation benefits while working for a prior employer, held a state appellate court in McGree v. Gateway Healthcare Ctr., 2019-Ohio-988 , 2019 Ohio App. LEXIS … Continue reading

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Massachusetts Retaliatory Discharge Statute Protects Employee’s Right to Sue Employer in Tort

A provision of the Massachusetts Workers’ Compensation Act (Act), Mass. Gen. Laws ch. 152, § 75B(2), and not the common law, affords an employee who was injured on the job and incurred a loss of earning capacity from the injury … Continue reading

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Oklahoma High Court Finesses Constitutional Issue as to Retaliatory Discharge Statute

In Young v. Station 27, Inc., 2017 OK 68, 2017 Okla. LEXIS 69 (Sept. 12, 2017), the Supreme Court of Oklahoma finessed the constitutionality of the state’s current retaliatory discharge statute, 85A O.S. § 7, holding that the trial court … Continue reading

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Ohio High Court Says Injury is Not Required to Support Retaliatory Discharge Claim

In a split decision, the Supreme Court of Ohio held that compensability of the alleged underlying injury is not a required element in a retaliatory discharge action under Ohio Rev. Code Ann. § 4123.90. Accordingly, a former employee presented a … Continue reading

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Cautionary Tale: Retaliatory Discharge Statute May Not Protect Employee if Original Comp Claim Was Filed in Another State

A recent federal district court decision from Oregon, Kwiecinski v. Medi-Tech International Corp., 2016 U.S. Dist. LEXIS 72453 (D. Or., June 3, 2016), provides an important practice point not only for attorneys in the Beaver State, but for practitioners across … Continue reading

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Facebook® Plays Role in Indiana $400,000 Verdict for Retaliatory Discharge

An Indiana jury was within its province as factfinder in returning a verdict for more than $400,000 in compensatory and punitive damages against a former employer in a retaliatory discharge action filed by a terminated employee, held a state appellate … Continue reading

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Illinois Retaliatory Discharge Claim May Not Be Removed to Federal Court

A retaliatory discharge action filed under 820 Ill. Comp. Stat. Ann. § 305/4(h)—part of the Illinois Workers’ Compensation Act—may not be removed from an Illinois trial court to a federal district court on the basis of diversity of citizenship, held … Continue reading

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Wyoming High Court Adopts “Substantial and Motivating Factor” Test to Judge Retaliatory Discharge Claim

Adopting the “substantial and motivating factor” test to determine if an employer’s decision to terminate a worker’s employment was retaliatory, the Supreme Court of Wyoming reversed a trial court order that granted a corporate defendant summary judgment in a retaliatory … Continue reading

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Federal Court Must Sever and Remand Oklahoma Retaliatory Discharge Claim

On Tuesday, a federal district court in Oklahoma, noting that claims arising under the workers’ compensation laws of any state are not removable under 28 U.S.C.A. § 1445(c), held that when a case was removed from state court based on … Continue reading

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