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Hinton v. Designer Ensembles11/6/2000
amp; Co., supra. In Johnson, the company advised Johnson, a new probationary employee, it had a written policy that probationary employees who miss more than four days will most likely be terminated. While on probation, Johnson sustained a work-related back injury. The treating physician released Johnson to return to work. Johnson did not return to work but, instead, saw a second physician about blackouts. The second physician advised Johnson not to return to work. Johnson presented his employer with a work excuse from the second physician. He was terminated the next day. The termination notice specified excessive absenteeism and blackout spells as reasons for the termination. Johnson had been absent nine days. This Court found the stated reasons for termination permissible.
In Johnson and the present case, both employees admittedly violated their employers' written absentee policies. Other than the fact that their terminations occurred in temporal proximity with their work-related injuries, they offered no evidence their employers' reasons for termination were pretextual or that, but for the filing of workers' compensation claims, they would not have been discharged.
Accordingly, the Court of Appeals' decision is reversed.
REVERSED.
TOAL, C.J., MOORE, WALLER and PLEICONES, JJ., concur.
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