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Reichenbach v. TTW-NIFCO9/21/2000
mes.
The discussion between Mr. Reichenbach and his supervisor occurred after business hours when Mr. Reichenbach came in to pick up his paycheck. After some preliminary discussion, the supervisor, Brian DeBruin said:
Brian DeBruin: * I'm gonna have to give you a written warning.
Carl Reichenbach: Well, I don't believe like I told'em I'm on medication And I told you I'd do the best I could possibly do. You can write me all you want to the moon, and that's fine.
Brian DeBruin: I'm doing it.
Carl Reichenbach: I'm doing the best I can. I'm not signing nothing.
Brian DeBruin: Well, you have to.
Carl Reichenbach: I won't
Brian DeBruin: You have to
Carl Reichenbach: I won't
Brian DeBruin: Well, then we'll have to go visit Kaye.
Carl Reichenbach: I won't sign.
Brian DeBruin: We'll have to visit Kaye.
Carl Reichenbach: No, I'm leaving. I'm taking my check and I'm leaving. [Affidavit of Carl Reichenbach.]
I do not view this discussion as being such a disruption that a firing was warranted.
Further, when an injured worker is fired only eight days after his or her injury, a reasonable inference can be drawn that the firing was related to the workers' compensation claim. For purposes of a summary judgment motion, this inference should be drawn.
Again, I disagree with the majority opinion and, therefore, I respectfully dissent.
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