Florida Court Applies “Business Judgment Rule” in Retaliatory Discharge Action

Tenth Circuit Says Termination of Miner Was Not Retaliatory

Illinois Employee’s Termination Not Retaliatory Where it Occurred Six Weeks Prior to His Filing Comp Claim

Where an Illinois employee failed to indicate to his employer that his absence from work was due to an alleged work-related injury and he filed his workers’ compensation claim six...

Sixth Circuit Affirms $50K Punitive Damages Award for TN Employer’s Retaliation Against Undocumented Worker

In a case that has yo-yo’d between a federal district court (W.D. Tenn.) and the Sixth Circuit Court of Appeals, the latter affirmed, in relevant part, a decision by the...

Ohio Employee’s Termination Linked to Safety Violation, Not His Comp Claim

An Ohio appellate court affirmed a trial court’s decision granting an employer summary judgment in a retaliatory discharge action filed against it by an employee who was terminated soon after...

Lack of Proximity Between Injury and Firing Found to be Fatal to Claim of Retaliatory Discharge

A federal district court in Illinois, construing that state’s law concerning retaliatory discharge claims, held–in relevant part–that a plaintiff’s factual allegations did not give rise to a claim of retaliatory...

Opinion Mondays: Proximity in Time Between Injury and Firing is Not Always Sufficient to Establish Prima Facie Retaliatory Discharge Claim

While proximity of time between an employee’s injury and her firing is generally sufficient to make out a prima facie case for retaliatory discharge, a recent federal district court decision...

NY Employer’s Quick Firing After Employee’s Injury Was Retaliatory

A New York appellate court affirmed a determination by the state’s Workers’ Compensation Board that an employer violated N.Y. Workers’ Comp. Law § 120 — the state’s anti-retaliation statute —...

Firing Injured Florida Worker Before He Could File Claim Did Not Preclude Retaliatory Discharge Action

A Florida trial court erroneously granted a former employer summary judgment in a retaliatory discharge action filed by a former employee where the trial court based its decision on the...

Proximity of NY Worker’s Termination to Claim Could Not Alone Establish Retaliatory Motive

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...

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...