Articles Tagged with retaliatory discharge

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Alabama Accident & Injury AttorneysOn May 7, the Alabama Supreme Court issued an opinion in Register v. Outdoor Aluminum, Inc.. The case addressed a claim of retaliatory discharge for filing a work comp claim in Alabama. Every so often, the court issues an opinion reminding everyone how difficult these cases are to prove. Let’s take a look at some of the issues.

Retaliatory Discharge:  An Exception To At-Will Employment

The general rule in Alabama is that employment is “at-will.” What does at-will employment mean? It means you can be fired for any reason at all. Your employer does not need a good or justifiable reason to terminate you.

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Alabama Lawyers For Injured Workers
The old saying “bad facts make bad results” is certainly true in the case of M&J Materials, Inc. v. Isbell, just released by The Alabama Court of Civil Appeals. These bad facts provided our appellate courts another opportunity to express their general distaste for retaliatory discharge suits.

First, a little background is important. As many people know, Alabama is generally an “at will” employment state. What does that mean? It means your boss can fire you for a good reason, bad reason, or even no reason at all. I have to deliver this bad legal news to callers almost every week. Of course, the “at will” doctrine is subject to Federal discrimination laws and collective bargaining agreements by unions. Federal laws and unions aside, state law exceptions to the “at will” doctrine in Alabama are few and far between. Really, it’s closer to “slim and none” when exceptions are considered under Alabama law.

The Alabama Workers’ Compensation Act does provide one exception to the “at will” doctrine. The Act says:

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