Redricks v. Industrial Vehicles International2/26/2002
__ P.3d __
ON CERTIORARI TO THE COURT OF CIVIL APPEALS, DIVISION 1
The appellant, Arlando Redricks, sued the appellee, Industrial Vehicles, Inc., for wrongful termination in violation of 85 O.S.Supp.2000, § 5(B). Following a work-related injury, the appellant's treating physician instructed him to remain off work indefinitely. The appellant delivered a copy of the physician's instructions to his supervisor. During the appellant's absence, his supervisor penned a requirement that workers who were absent for any reason must call the employer every day or risk being terminated. He did not deliver a copy to the appellant, who was subsequently terminated for failing to call every day. The trial court, in a bench trial, ruled for the employer, and the Court of Civil Appeals affirmed.
CERTIORARI PREVIOUSLY GRANTED; OPINION OF THE COURT OF CIVIL APPEALS VACATED; JUDGMENT OF THE DISTRICT COURT REVERSED AND REMANDED.
The issue before this Court is whether an employer's termination of its employee was in violation of 85 O.S.Supp.2000, § 5(B). We hold that the statute, which represents the public policy of the state, was violated by the employer.
The appellant, Arlando Redricks, suffered a work-related injury on April 6, 1998, for which he received treatment. He returned to work on April 13, 1998, for three hours, but left again because of his injury. His employer, the appellee, Industrial Vehicles International, Inc., required employees who were off work due to illness, to call in daily prior to 9:00 a.m. to receive sick pay.
Redricks called his employer each day prior to 9:00 a.m. between April 13 and April 23, to report he would not be coming to work because of his injury. Redricks' supervisor, Arthur Hammer, testified during the trial that on April 20, he penned a note that he distributed to his machine shop personnel requiring them to call before 9:00 a.m. every day if they are gone for any reason, and if they did not call for five days, they could be terminated from employment. On April 23, Redricks' treating physician provided him a "Certificate of Disability" stating that he should remain off work indefinitely. Redricks took this document to his employer. After that date, Redricks did not call in each day to report that he would be absent for that day. On May 27, 1998, Hammer sent a letter to Redricks, which stated:
"Since you have failed to call before 9 AM each morning, and have not contacted us in any way, we have concluded that you have discontinued to work for IVI.
"We are, therefore, no longer considering you to be an employee of IVI.
"I wish you the best and prosperous future."
Redricks testified that he received temporary total disability benefits from the workers' compensation carrier for Industrial Vehicle International from the beginning of June to the end of July in 1998. Those payments covered the dates of April 23, 1998, to July 27, 1998. He testified that he did not call in after April 23 because his employer knew he would not be working for an indefinite period of time, and he was not trying to get sick pay. He testified that he was never provided anything to indicate that if he failed to call in before 9:00 every morning, he would be terminated. When he took the letter from his doctor to his employer on April 23rd, he was not given any document by his supervisor that day. He testified that when he received the letter from his employer terminating him, he was shocked because he did not know a person could be fired while under medical leave for a work-related injury. After a bench trial, the trial court concluded that Redricks was terminated "for failure to
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