[Download] "Captain & Company v. Daniel T. Stenberg" by Fourth District Court of Appeals of Indiana # Book PDF Kindle ePub Free
eBook details
- Title: Captain & Company v. Daniel T. Stenberg
- Author : Fourth District Court of Appeals of Indiana
- Release Date : January 18, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
On January 2, 1985, plaintiff-appellant Linda Lawson sued her former employer, defendant-appellee Haven Hubbard Homes, Inc., d/b/a Hamilton Grove Employer) for actual and punitive damages, claiming that, while she was still employed but on medical leave status, Employer terminated her employment in retaliation for her having filed for unemployment compensation benefits. Employer responded on March 1, 1985 by denying the material allegations of the complaint and requesting dismissal for failure to state a claim upon which relief could be granted. It was Employers position that Frampton v. Central Indiana Gas Company (1973), 260 Ind. 249, 297 N.E.2d 425, which permitted an action for retaliatory discharge, was limited to a discharge following an employees workmens compensation claim, and, therefore, did not apply when, as here, a claim for unemployment compensation is filed. On March 14, 1986, Lawson filed a motion for partial summary judgment requesting that the court determine whether an employer is liable for retaliatory discharge when it fires an employee because she has filed a claim for unemployment compensation benefits.[Footnote 1] On April 1, 1986, Employer filed a cross-motion for summary judgment asserting that Indiana law does not recognize a cause of action in favor of a discharged at-will employee when the employee claims to have been discharged in retaliation for filing a claim for unemployment compensation benefits. After a hearing, the trial court denied Lawsons motion and granted summary judgment in favor of Employer. Lawson appeals this ruling raising the following issue for review: