Summary
The Supreme Court of Alabama considered whether G.UB.MK. Constructors retaliatorily discharged Robert Dale Carson for seeking workers' compensation benefits under Alabama law. The court held that Carson failed to present substantial evidence supporting the elements of retaliatory discharge because he was laid off in a reduction in force and his union, rather than the employer, controlled referrals for subsequent employment. The court reversed the judgment and rendered judgment for G.UB.MK. Constructors, with the chief justice dissenting.
Topics
Practice areas
Questions Presented
- Whether Carson presented substantial evidence that G. UB. MK. Constructors terminated him solely because he sought workers' compensation benefits, as required for a retaliatory-discharge claim under Alabama Code § 25-5-11.1.
- Whether the union's failure to refer Carson for further employment after his layoff could constitute a termination by G. UB. MK. Constructors under § 25-5-11.1.
- Whether the trial court erred by denying the employer's motion for judgment as a matter of law.
Holdings
- Carson failed to present substantial evidence supporting each element of his retaliatory-discharge claim, including substantial evidence that he was terminated solely for seeking workers' compensation benefits.
- The union's failure to refer Carson for further employment after he was laid off could not properly be categorized as a termination of employment by G. UB. MK. Constructors under § 25-5-11.1.
- The trial court erred in denying the employer's motion for judgment as a matter of law, and judgment was rendered for G. UB. MK. Constructors.
Key quotations
“In reviewing the denial of these motions, we are bound by the same standard as the trial court; that is, we must determine whether the party with the burden of proof produced sufficient evidence to require a jury determination of the issues presented.” (812 So. 2d at 1176)
“In order to establish a prima facie case of retaliatory discharge, the plaintiff must present substantial evidence that he was terminated solely for seeking workers' compensation benefits.” (812 So. 2d at 1177)
“Even if the union's failure to send him out for further employment by G.UB.MK. resulted from some action of G.UB.MK., that action cannot be properly categorized as a termination of employment under § 25-5-11.1.” (812 So. 2d at 1178)
Factual background
Carson worked as a pipe fitter and union job steward for G. UB. MK. Constructors at the Tennessee Valley Authority's Colbert Steam Plant. After sustaining an on-the-job injury, he was placed on light duty, later furloughed for lack of work, and then laid off during a reduction in force. After the layoff, Carson placed himself on the union's out-of-work list, but the union did not refer him back to G. UB. MK. Constructors; he alleged that the employer had an unwritten policy against returning employees with pending workers' compensation claims.
Procedural history
Carson filed claims for workers' compensation benefits and retaliatory discharge. The trial court severed the claims, and the retaliatory-discharge claim proceeded to a jury trial. The jury awarded Carson $50,000 in compensatory damages and $300,000 in punitive damages, and the employer appealed. The Supreme Court of Alabama reversed and rendered judgment for G. UB. MK. Constructors.
Remand instructions
None. The court reversed the judgment and rendered judgment for G. UB. MK. Constructors rather than remanding.