MN Court of Appeals Rules for Employees in Retaliatory Discharge Case
Joni Thome and Frances Baillon represented a former employee who challenged the judgment of the Lyon County District Court, Minnesota, granting summary judgment to her former employer, Schwan’s Home Service, on her claim for retaliatory discharge from employment. The plaintiff, Susan Kaufenberg, worked for Schwan’s from May 2004 until June 15, 2006, when she was terminated for allegedly falsifying medical forms completed at the time of her hire. Kaufenberg did make a mistake in providing medical information when she estimated the date of an injury she suffered during 1999. Kaufenberg argued that she was not terminated for the reason cited by Schwans but in retaliation for seeking benefits under the Workers’ Compensation Act.
The MN Court of Appeals ruled that the trial court erred in granting summary judgment. There were multiple questions of fact in the case, most notably on the issues of causation and pretext. The court found that Kaufenberg had presented a legitimate explanation for the omissions on her medical examination report, and Schwan’s had a self-proclaimed policy of not firing people for mistakes. These facts, combined with the sequence of events leading to the termination, could reasonably lead a trier of fact (a judge or jury) to believe that falsification of the medical examination report was merely a pretext for terminating Kaufenberg.
The judgment was reversed and remanded for the employee. Schwan’s petitioned for review to the MN Supreme Court and the Court declined review. The case will be scheduled for trial in Lyon County.
Click here to read th MN Court of Appeals’ opinion in Kaufenberg v. Schwan’s.