Scott Bridge Company appeals, pursuant to Rule 5, Ala. R.App. P., from the trial court's order denying its motion for a summary judgment in a retaliatory-discharge action filed against it by Michael Wright. We reverse the trial court's order and render a judgment for Scott Bridge Company.
Wright sued Scott Bridge in the Chambers Circuit Court on April 19, 2002, alleging that he was discharged in retaliation for having filed a claim for workers' compensation benefits. The action was transferred to the Lee Circuit Court. Scott Bridge filed a motion for a summary judgment on the ground that the prohibition set forth in §
Scott Bridge then filed a motion asking the trial court to alter or amend the order, or, in the alternative, to certify the order for permissive appeal pursuant to Rule 5, Ala. R.App. P. The trial court entered an order stating that the case involved
"a controlling question of law as to which there is a substantial ground for difference of opinion, specifically whether Ala. Code §
25-5-11.1 recognizes a claim for retaliatory discharge where the plaintiff never sought workers' compensation benefits in Alabama, but rather sought workers' compensation benefits in Georgia pursuant to an injury occurring when the plaintiff worked and lived in Georgia."
The trial court then amended that order, finding expressly that "Plaintiff never sought workers' compensation benefits in Alabama, but claims only that he sought workers' compensation benefits in Georgia." Continuing, the trial court observed that "Alabama law may recognize a claim for retaliatory discharge, pursuant to Ala. Code §
Section
"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. . . ."
(Emphasis added.) This statutory provision prohibiting retaliatory discharge was enacted in response to this Court's 5-4 decision in Meeks v. Opp Cotton Mills, Inc.,
"No employer in this state may discharge any employee solely because he serves on any jury empanelled under any state or federal statute; provided, however, that the employee reports for work on his next regularly scheduled hour after being dismissed from any jury."
(Emphasis added.) The Legislature accepted this not-so-subtle hint in Meeks as to the proper course of action and enacted §
Section
Wright refers us to McClain v. Birmingham Coca-Cola BottlingCo.,
The Legislature is quite capable of drafting an exception to the at-will rule that is sufficiently broad to provide a cause of action for retaliatory discharge for conduct on the part of an employer arising from the employee's involvement with the workers' compensation laws of other states. See, e.g., the aforementioned statute prohibiting retaliatory discharge based upon an employee's being required to serve on a jury "empanelledunder any state or federal statute." See §
REVERSED AND JUDGMENT RENDERED.
HOUSTON, BROWN, JOHNSTONE, and WOODALL, JJ., concur.
"No person shall discharge an employee from employment because of said employee having asserted a claim for benefits under the provisions of this Chapter or under the law of any state or of the United States."
(Emphasis added.)
