Driver must show officials knew he filed WC claim 7 years earlier

In Illinois, an employee asserting a retaliatory discharge claim must establish those responsible for firing him knew about his workers' compensation claim.

Case name: Jackson v. United Parcel Service, No. 08-3713 (7th Cir. 07/15/09, unpublished).

Ruling: In an unpublished decision, the 7th U.S. Circuit Court of Appeals affirmed summary judgment for United Parcel Service in a former employee's retaliation case.

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What it means: In Illinois, an employee asserting a retaliatory discharge claim must establish those responsible for firing him knew about his workers' compensation claim.

Summary: A UPS delivery driver alleged he was terminated in retaliation for filing a workers' compensation claim seven years earlier. UPS argued the driver was fired "for conduct unbecoming of an UPS employee" after he confronted and threatened a customer. The 7th Circuit noted the driver did not establish a causal connection between his workers' comp claim and his discharge because he did not present evidence that the managers responsible for firing him had any knowledge of the claim.

The court affirmed the finding that the driver's threatening behavior was a valid reason for his discharge. The driver did not show that the reason was pretext and that he had not presented sufficient evidence that UPS retaliated against him for filing a previous workers' compensation claim.

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September 3, 2009

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