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Webb Wheel Products12/30/2004
Webb Wheel's egregious conduct.
"Josh Hanvey presented substantial evidence that the retaliatory discharge by Webb Wheel deprived him of his livelihood and ability to support his family. He had to move his wife and child in with family members, borrow money from friends and family and suffer the repossession of his vehicle. Additionally, Josh Hanvey was unable to provide gifts during the Christmas holiday for his wife and child.
"Josh Hanvey testified that he felt down and depressed after being repeatedly rejected from job applications following his termination from Webb Wheel. Josh Hanvey was unable to sleep, felt withdrawn and became distant in his relationship with his wife.
"....
"This Court finds that Webb Wheel's retaliatory termination of Josh Hanvey was nothing short of intentional and deliberate. Webb Wheel's conduct toward Josh Hanvey was sufficiently reprehensible to justify an award of punitive damages. In light of Webb Wheel's management's contending that they would terminate again with a similarly situated employee, the deterrent effect of punitive damages is especially warranted in this case.
"Instead of acting properly and in compliance with Alabama law, Webb Wheel consciously disregarded the rights of Josh Hanvey to file a claim for worker 's compensation benefits without losing his job . Such conduct supports a substantial punitive damages award.
"....
"Webb Wheel is self-insured for its workers' compensation claims. Testimony at trial revealed a belief by Webb Wheel management that a high frequency of work related injuries would increase the likelihood of an OSHA [Occupational Safety and Health Administration] inspection. With this established testimony, a jury could reasonably infer that with Josh Hanvey terminated, Webb Wheel reduced its risk of an OSHA inspection should Josh Hanvey have a flare-up of back pain requiring medical treatment. Finally, by making an example of Josh Hanvey, Webb Wheel made it known within this plant the ultimate outcome of an employee's work status who claims worker 's compensation benefits."
(Citations omitted.)
II. Retaliatory Discharge
As a general rule in Alabama, an employment contract for an indefinite period is terminable at will by either party, with or without cause or justification. Hoffman-LaRoche, Inc. v. Campbell, 512 So. 2d 725 (Ala. 1987). The Legislature carved out an exception to that general rule, however, with regard to a discharge of an employee in the aftermath of the employee's filing a workers' compensation claim. Section 25-5-11.1, part of Alabama's Workers' Compensation Act, provides:
"No 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 ...."
We first address Webb Wheel's argument that Hanvey did not prove the elements of a retaliatory discharge.
A. Standard of Review
This Court applies the same standard of review to a ruling on a motion for a JML as the trial court used in initially deciding the motion. This standard is "materially indistinguishable from the standard by which we review a summary judgment." Hathcock v. Wood, 815 So. 2d 502, 506 (Ala. 2001). We must decide whether substantial evidence was presented to the jury, which, when viewed in the light most favorable to Hanvey, would warrant a jury verdict in his favor. City of Birmingham v. Sutherland, 834 So. 2d 755 (Ala. 2002). "Substantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can
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