Where a New York workers’ compensation claimant admitted that, prior to his work-related injury, he had been told by an employer’s representative that the employer had contacted the claimant’s union...
Proximity of NY Worker’s Termination to Claim Could Not Alone Establish Retaliatory Motive Proximity of NY Worker’s Termination to Claim Could Not Alone Establish Retaliatory MotiveThe U.S. District Court for the Southern District of West Virginia recently held that that the removal of plaintiff’s retaliatory discharge action that had been filed in state court was...
Federal Court Says Retaliatory Discharge Action May Not Be Removed Federal Court Says Retaliatory Discharge Action May Not Be RemovedWhile hypothetical questions may have been the standard in law school courses taught via the Socratic Method, the Sixth Circuit recently held such questions are not to be considered by...
Sixth Circuit Side-Steps Federal Immigration Issue in Retaliatory Discharge Action Sixth Circuit Side-Steps Federal Immigration Issue in Retaliatory Discharge ActionFired Worker Must Either Have Filed a Claim or Communicated an Intent to Do So Construing Pennsylvania law, a U.S. District Court rejected the so-called “perception theory” of workers’ compensation...
Federal District Court Rejects “Perception Theory” of Workers’ Compensation Retaliation Federal District Court Rejects “Perception Theory” of Workers’ Compensation RetaliationLack 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...
Oklahoma’s Retaliatory Discharge Statute Withstands Constitutional Challenge Oklahoma’s Retaliatory Discharge Statute Withstands Constitutional ChallengeNo 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...
Ohio Employer May Fire Employee Who Sought Workers’ Compensation Benefits from Prior Employer Ohio Employer May Fire Employee Who Sought Workers’ Compensation Benefits from Prior EmployerA 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...
Massachusetts Retaliatory Discharge Statute Protects Employee’s Right to Sue Employer in Tort Massachusetts Retaliatory Discharge Statute Protects Employee’s Right to Sue Employer in TortIn 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...
Oklahoma High Court Finesses Constitutional Issue as to Retaliatory Discharge Statute Oklahoma High Court Finesses Constitutional Issue as to Retaliatory Discharge StatuteIn 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....
Ohio High Court Says Injury is Not Required to Support Retaliatory Discharge Claim Ohio High Court Says Injury is Not Required to Support Retaliatory Discharge ClaimA 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...
Cautionary Tale: Retaliatory Discharge Statute May Not Protect Employee if Original Comp Claim Was Filed in Another State Cautionary Tale: Retaliatory Discharge Statute May Not Protect Employee if Original Comp Claim Was Filed in Another StateAn 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...
Facebook® Plays Role in Indiana $400,000 Verdict for Retaliatory Discharge Facebook® Plays Role in Indiana $400,000 Verdict for Retaliatory DischargeA 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...
Illinois Retaliatory Discharge Claim May Not Be Removed to Federal Court Illinois Retaliatory Discharge Claim May Not Be Removed to Federal Court