Keystone Foods Corp. v. Meeks

8 Citing cases

  1. In re Majewski

    310 F.3d 653 (9th Cir. 2002)   Cited 19 times
    Concluding that the plain language of ยง 525(b) controls

    In these states, employees are regularly protected from retaliatory discrimination even if they have not yet filed formal worker's compensation claims โ€” because such protection furthers the legislature's remedial intent. See, e.g., Nicholson v. Transit Mgmt., 781 So.2d 661 (La.Ct.App. 2001); Keystone Foods Corp. v. Meeks, 662 So.2d 235 (Ala. 1995); Abels v. Renfro Corp., 335 N.C. 209, 436 S.E.2d 822 (1993); Overnite Transp. Co. v. Gaddis, 793 S.W.2d 129 (Ky.Ct.App. 1990); Buckner v. Gen. Motors Corp., 760 P.2d 803 (Okla. 1988); Roseborough v. N.L. Indus., 10 Ohio St.3d 142, 462 N.E.2d 384 (1984); Delano v. City of S. Portland, 405 A.2d 222 (Me. 1979); Tex. Steel Co. v. Douglas, 533 S.W.2d 111 (Tex.Civ.App. 1976). Like the anti-discrimination clauses of the statutes above, the anti-discrimination provision of the Bankruptcy Code protects an employee seeking to exercise his statutory right.

  2. Woodard v. Town of Oakman

    970 F. Supp. 2d 1259 (N.D. Ala. 2013)   Cited 9 times
    Noting that this "comparison is not a results-oriented analysis, but a fact-oriented one"

    Although this theory has been applied to some other termination statutes, it has not been applied to the statute upon which Woodard relies. See Keystone Foods v. Meeks, 662 So.2d 235, 237 (Ala.1995) (applying constructive termination to a wrongful discharge claim). The Alabama courts would be best-positioned to determine whether the word โ€œterminationโ€ in ยง 11โ€“43โ€“230(a) also includes a โ€œconstructive termination.โ€

  3. G.UB.MK. Constructors v. Carson

    812 So. 2d 1175 (Ala. 2001)   Cited 8 times
    In G.UB.MK. Constructors, this Court stated that "`[i]n 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.'"

    " ยง 25-5-11.1. "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." Kent Corp., 699 So.2d at 958, citing Keystone Foods Corp. v. Meeks, 662 So.2d 235 (Ala. 1995). Here, the evidence reflects that Carson was furloughed and then laid off along with the rest of the work crew in accordance with a typical reduction in force.

  4. Ex Parte Breitsprecher

    772 So. 2d 1125 (Ala. 2000)   Cited 7 times
    Recognizing that an employee who was constructively discharged for claiming workers' compensation benefits had a wrongful discharge cause of action against her former employer

    The trial court did not issue a written order stating its reasons for entering summary judgment in favor of the defendant. The Court of Civil Appeals affirmed the judgment of the trial court without opinion on the authority of Consolidated Stores, Inc. v. Gargis, 686 So.2d 268 (Ala.Civ.App.), cert. denied, 686 So.2d 278 (Ala. 1996); Keystone Foods Corp. v. Meeks, 662 So.2d 235 (Ala. 1995); Grider v. McKenzie, 659 So.2d 612 (Ala.Civ.App. 1994); and Continental Eagle Corp. v. Mokrzycki, 611 So.2d 313 (Ala. 1992). The following pertinent facts were before the trial court for its reconsideration of the motion for summary judgment.

  5. Kent Corp. v. Hale

    699 So. 2d 954 (Ala. 1997)   Cited 12 times
    In Kent, the Supreme Court reversed a judgment based on a jury verdict in favor of an employee on a retaliatory discharge claim.

    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. Keystone Foods Corp. v. Meeks, 662 So.2d 235 (Ala. 1995). Constructive discharge is included within the meaning of "terminated" as that term is used in ยง 25-5-11.1. Twilley v. Daubert Coated Products, Inc., 536 So.2d 1364 (Ala. 1988).

  6. Hammock v. Ryder Dedicated Logistics

    716 So. 2d 215 (Ala. Civ. App. 1998)   Cited 5 times
    Holding that under the workers' compensation law, [the employer is] not required to create a light-duty position, nor [is the employer] required to provide the employee with accommodations to aid his ability to perform the job"

    "An employee proves constructive termination by presenting substantial evidence that the employer deliberately made the employee's working conditions so intolerable that the employee was forced to resign." Keystone Foods Corp. v. Meeks, 662 So.2d 235 (Ala. 1995). Hammock asserts that his employment with Ryder was terminated on July 4, 1996, but that later Gray offered him a settlement if he would voluntarily resign.

  7. Avondale Mills, Inc. v. Weldon

    680 So. 2d 364 (Ala. Civ. App. 1996)   Cited 3 times
    In Avondale Mills, Inc. v. Weldon, 680 So.2d 364 (Ala.Civ.App. 1996), this court held that the employee had failed to present substantial evidence that he had been "terminated."

    In order to establish a prima facie case of retaliatory discharge, an employee must present substantial evidence that he or she was terminated for seeking to obtain workers' compensation benefits. Keystone Foods Corp. v. Meeks, 662 So.2d 235 (Ala. 1995). Weldon failed to present any evidence that he was in fact "terminated."

  8. Troup v. Springhill Memorial Hosp

    671 So. 2d 721 (Ala. Civ. App. 1995)

    Troup insists that she was constructively terminated. "An employee proves a constructive termination by presenting substantial evidence that the employer deliberately made the employee's working conditions so intolerable that the employee was forced to resign." Keystone Foods Corp. v. Meeks, 662 So.2d 235 (Ala. 1995). Troup relies primarily on National Security Insurance Co. v. Donaldson, 664 So.2d 871 (Ala. 1995), to support her position.