Jenkins v. Vestas-Am. Wind Tech., Inc.

2 Citing cases

  1. Kwiecinski v. Medi-Tech Int'l Corp.

    3:14-CV-01512-BR (D. Or. Jun. 6, 2016)   Cited 1 times
    Finding the availability of a similar statute in New York precluded Plaintiff's wrongful-discharge claim

    Courts have interpreted § 659A.040 to protect only workers who apply for, invoke, or utilize the procedures of the Oregon workers' compensation system. See, e.g., Jenkins v. Vestas-American Wind Tech., Inc., No. 3:12-cv-01758-AA, 2014 WL 136497149, at *5 (D. Or. Apr. 4, 2014)("Oregon's workers' compensation statute, Or. Rev. Stat. § 659A.040(1), only protects employees who apply for benefits under Oregon law."); Anderson v. Hibu, Inc., 26 F. Supp. 3d 1019, 1025 (D. Or. 2014)("O.R.S. § 659A.040(1), like O.R.S. § 659A.109, prohibits 'discrimination' with 'respect to hire or tenure or condition of employment because' a person has applied for benefits or invoked Oregon statutory procedures."). The Court finds the reasoning of Jenkins and Anderson to be well- supported by the language of § 659A.040 as well as § 659A as a whole and adopts that reasoning.

  2. Kwiecinski v. Medi-Tech Int'l Corp.

    3:14-CV-01512-BR (D. Or. Jun. 3, 2016)

    Courts have interpreted § 659A.040 to protect only workers who apply for, invoke, or utilize the procedures of the Oregon workers' compensation system. See, e.g., Jenkins v. Vestas-American Wind Tech., Inc., No. 3:12-cv-01758-AA, 2014 WL 136497149, at *5 (D. Or. Apr. 4, 2014)("Oregon's workers' compensation statute, Or. Rev. Stat. § 659A.040(1), only protects employees who apply for benefits under Oregon law."); Anderson v. Hibu, Inc., 26 F. Supp. 3d 1019, 1025 (D. Or. 2014)("O.R.S. § 659A.040(1), like O.R.S. § 659A.109, prohibits 'discrimination' with 'respect to hire or tenure or condition of employment because' a person has applied for benefits or invoked Oregon statutory procedures."). The Court finds the reasoning of Jenkins and Anderson to be well- supported by the language of § 659A.040 as well as § 659A as a whole and adopts that reasoning.