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Mantha v. Liquid Carbonic Industries3/17/1992
The opinion of the court was delivered by: JONES, Judge.
Raymond Mantha initiated the action below for retaliatory discharge arising under 85 O.S. 1981 § 5 . The jury awarded actual and punitive damages totalling $359,759.00. The Defendant below, Liquid Carbonic Industries, Inc., appeals the verdict.
FACTS
On April 23, 1986, Ray Mantha was driving a truck filled with carbon dioxide to be used in an oil well frac operation. It was after dark and he was searching for a well site entrance. While attempting to cross a narrow wooden bridge on an unfamiliar and obscure country road, Mantha felt the wheels give way and the eighteen-wheel, tractor-trailer tumbled down the embankment into a creek bed. Mantha suffered personal injury and on April 30, 1986, he filed a claim for workers' compensation . Five days later, on May 5, 1986, he was discharged from his employment. The employer explained that Mantha's involvement in a "major preventable" accident was grounds for termination under the rules of a "collective bargaining agreement". Liquid Carbonics was not a union shop.
The present action was initiated on April 7, 1987. The jury rendered a verdict for $359,759.00. On appeal, the Employer lists nine propositions of error regarding generally the insufficiency of the evidence, preclusive effect of the arbitration award, improperly given or refused jury instructions, and incorrectly assessed damages.
AUTHORITY
Oklahoma courts continue to recognize the long standing common law tradition which subjects an at-will employee to termination for any cause, without cause, or even for cause morally wrong. Burke v. K-Mart, 770 P.2d 24 (Okl. 1989). Certain statutory exceptions protect an employee who files a workers' compensation claim in good faith from being discharged because of the filing of that claim.
A plaintiff has met his burden of proof to establish a prima facie case for retaliatory discharge under 85 O.S. 1981 § 5 if he shows he has been discharged after instituting a good faith claim for a work-related injury. The burden of persuasion remains at all times with the plaintiff. The burden of production shifts to the employer after a prima face case is made. The employer must then articulate a legitimate non-retaliatory reason for the discharge. This burden can be met by showing the plaintiff either made the claim in bad faith or that he was physically unable to perform his duties. Buckner v. General Motors Corp., 760 P.2d 803, 806 (Okl. 1988). If the employer fails to meet the burden of production, the plaintiff is entitled to a directed verdict. If the employer does meet this burden, it is not entitled to a directed verdict, but the factual inquiry simply proceeds to a new level of specificity. Buckner at 807. The plaintiff must then produce evidence to show the proffered reason is "pretext". If pretext is proven, plaintiff will prevail. If pretext is not shown, plaintiff still has a chance to recover upon a showing that his termination was significantly motivated by retaliation for the exercise of statutory rights. In fact, even if other legitimate reasons exist to justify the termination, when the filing of the claim is a significant factor the discharge violates the legislative intent of § 5. Thompson v. Medley Material Handling, Inc., 732 P.2d 461 (Okl. 1987); Elzey v. Forrest, 739 P.2d 999 (Okl. 1987); Pierce v. Franklin Electric Co., 737 P.2d 921 (Okl. 1987); Buckner v. General Motors Corp., 760 P.2d 803, 806 (Okl. 1988) and Bishop v. Hale-Halsell Company, Inc., 800 P.2d 232 (Okl. 1990); King v. Halliburton Co., 813 P.2d 1055 (Okl.Ct.App. 1991). These cases have thus pr
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