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HAMMOCK v. RYDER DEDICATED LOGISTICS3/20/1998
In May 1996, Hammock was determined to be at maximum medical improvement. His doctor maintained that Hammock's restrictions were permanent. Hammock continued working in the light-duty position until July
1996. On July 4, 1996, Hammock was informed that the light-duty position had been eliminated. Hammock claims that, on that same day, his supervisor told him that he needed to contact Larry Gray about his workers' compensation claim. Hammock contacted Gray, who offered Hammock $15,000 to settle his workers' compensation claim if he would voluntarily resign from his employment at Ryder. Hammock refused the offer and never returned to work at Ryder.
To withstand a motion for summary judgment, a plaintiff claiming retaliatory discharge under ยง 25-5-11.1 must present substantial evidence indicating that he or she was terminated for seeking workers' compensation benefits and indicating that the reasons proffered by the employer for the termination are not true, but are a pretext for an otherwise impermissible termination. Twilley v. Daubert Coated Products, Inc., 536 So.2d 1364, 1369 (Ala. 1988). Section 25-5-11.1 provides:
" o employee shall be terminated by an employer solely because the employee has instituted or maintained any action against the employer to recover workers' compensation benefits under this chapter or solely because the employee has filed a written notice of violation of a safety rule pursuant to subdivision (c)(4) of Section 25-5-11."
Ryder claims that Hammock failed to make a prima facie showing of retaliatory discharge because, Ryder argues, it did not terminate Hammock's employment with Ryder. To the contrary, Hammock claims, Ryder terminated his employment on July 4, 1996, when he was told that the temporary job had been eliminated and that Ryder did not have any other light-duty positions available.
The trial court's order states that it based the summary judgment upon our Supreme Court's holding in Kent Corp. v. Hale, 699 So.2d 954 (Ala. 1997). In Kent, the Supreme Court reversed a judgment based on a jury verdict in favor of an employee on a retaliatory discharge claim. 699 So.2d at 959. The Court held that the employee was not "terminated" when he was informed that he could not work until he presented medical documentation for his wearing a back brace and was escorted off the work premises; the employer had continued to cover the employee on its employees' medical insurance and to list him as an employee. Id. at 958.
Ryder presented evidence that after July 4, 1996, it still listed Hammock as an employee. Moreover, it is undisputed that Ryder maintained Hammock on its employee medical coverage and that Hammock and his wife both made claims on the medical insurance after July 4, 1996. It is undisputed that no one ever told Hammock that his employment was terminated. In fact, Hammock's argument is contradictory. Hammock claims that he was f
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