 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Thompson v. Better-Bilt Aluminum Products Co.3/28/1996
THOMPSON, Judge
Plaintiffs Jason and Alia Thompson appeal the verdict in favor of defendant Better-Bilt Aluminum Products Company, Inc. (Better-Bilt). The central issues presented are whether the trial court erred in dismissing the Thompsons' negligence and breach of contract claims, admitting after-acquired evidence of employee misconduct, instructing the jury on proof required in a wrongful discharge claim, and presenting the jury with special interrogatories. For the following reasons, we affirm.
FACTS
On or about April 8, 1981, Jason Thompson (Thompson) began working at Better-Bilt's plant in Prescott Valley, Arizona. From June 1981 through January 1985, Thompson filed six workers' compensation claims for injuries sustained while working for Better-Bilt. Although five of the injuries were relatively minor, some not requiring absence from work, Thompson's first injury , the amputation of his left index finger, left him with a twenty-five percent impairment to his left hand.
On October 29, 1984, Thompson was terminated for excessive absenteeism and tardiness, but was reinstated the next day after he reassured the general manager that he would not be late again. In May of 1985 Thompson filed a seventh workers' compensation claim for a back injury . Thompson returned to work on July 13 but went back on industrial leave on July 19 due to his injury.
Thompson received a letter from Better-Bilt Personnel Director Richard L. Bonney dated August 29, 1985, advising Thompson that he would be terminated if he did not report to Better-Bilt by September 4. The letter stated that employees on injury leave were required to "call in" each Wednesday and report their conditions and progress. Although it is unknown whether "calling in" was a formal Better-Bilt policy, Thompson was not terminated when he missed the September 4 deadline by one day.
Sometime between September 27 and October 6, Thompson chanced to meet Susie Dale, Better-Bilt's personnel assistant, at a Safeway grocery store. Dale later recalled that during their short, cordial conversation Thompson told her, "You know, I'll probably never be able to return to that type of work again." Dale conceded that Thompson never told her he was quitting his job at Better-Bilt and Dale did not ask Thompson to clarify his statement.
Within the next week, Dale told Bonney about her conversation with Thompson and Bonney directed Dale to document the conversation and prepare paperwork delineating Thompson as a "voluntary resignation." Bonney then called Better-Bilt's labor attorney who advised Bonney that Thompson had voluntarily quit. Thompson's termination was made effective October 1, 1985. At the time, Better-Bilt personnel management did not have a policy in place for notifying employees of voluntary termination decisions, believing it made for unnecessary paperwork. Thompson continued to call Better-Bilt after October 1 but was never apprised of his termination. On October 30, he received a birthday card from Better-Bilt.
On October 25 Alia Thompson (Alia) was hospitalized for surgery relating to a tubal pregnancy. The expenses totaled $5,264.00. Thompson went to Better-Bilt on November 4 to fill out an insurance form for the expenses, Alia having been covered on his employee insurance plan. He was informed by Dale that his coverage had been terminated because he had quit as of October 1. Thompson protested that he hadn't meant to imply that he was quitting his job during the Safeway conversation. He was unable to convert his Better-Bilt group insurance to a private plan because, pursuant to conversion policy, over thirty-one days had elapsed since the termination
Page 1 2 3 4 5 6 7 8 Arizona Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|