MVP Attorneys John Jurcyk and Ryan Denk recently defended their client in a retaliatory discharge claim.
On August 18,2014 Plaintiff was switching electrical lines from old poles to new line poles when he was shocked by 7,600 volts with 12,400 volts in 3 line phases. Plaintiff was severely shocked, went on workers’ compensation and never returned to work. On August 19th Defendant conducted a preliminary investigation in which it found Plaintiff should be fired for violating safety rules (employees were required to wear protective gloves and sleeves when working within 5 feet of an energized source). On August 21st the investigation was completed and Plaintiff was formally terminated August 27th. Plaintiff brought suit for retaliatory discharge claiming he was fired before the investigation had been completed. Plaintiff also denied he had knowingly violated the safety rule. Plaintiff admitted not wearing safety gear but didn’t think he was within 5 feet of an energized source.
Defendant claimed Plaintiff was fired for violating a safety rule.