Brasfield v. Martinrea Fabco Auto. Structures (Usa), Inc.

1 Citing case

  1. Young v. United Parcel Serv., Inc.

    992 F. Supp. 2d 817 (M.D. Tenn. 2014)   Cited 12 times

    1984) (interpreting T.C.A. § 50–6–114 and concluding that the statute regarding employment contracts “evidences a clear public policy” that employees should be protected from having their employment terminated from asserting a workers' compensation claim); see Anderson v. Standard Register Co., 857 S.W.2d 555, 556–57 (Tenn.1993), overruled on other grounds as recognized by Perkins v. Metro. Gov't of Nashville, 380 S.W.3d 73, 79 n. 8 (Tenn.2012); see also Cobb v. Keystone Memphis, LLC, 526 Fed.Appx. 623, 626 (6th Cir.2013) (explaining the Tennessee courts' recognition of a common-law claim of retaliatory discharge);Brasfield v. Martinrea Fabco Automotive Structures (USA), Inc., No. 3:11–1134, 2013 WL 2644410 (M.D.Tenn. June 12, 2013) (analyzing plaintiff's common law claim of retaliatory discharge following filing of workers' compensation claim), report and recommendation adopted,2013 WL 3335088 (M.D.Tenn. July 2, 2013). In order to make out a prima facie case for retaliatory discharge, a plaintiff must prove that (1) he was an employee of the defendant at the time of the injury; (2) he made a claim against the defendant for workers' compensation benefits; (3) the defendant terminated his employment, and (4) the claim for workers' compensation benefits was a substantial factor in the employer's motivation to terminate his employment.