Sixth Circuit Holds Employer May Fire Employee for Failing to Report Injury

On September 7, 2011, the Sixth Circuit Court of Appeals affirmed a Tennessee district court’s holding that an employer was justified in firing an employee for failing to report her injury, in violation of its policy.  Geronimo v. Caterpillar Inc., No. 09-6401.

Julie Geronimo had worked for Caterpillar for over seven years when she was transferred from a machinist position to an assembler position in July of 2007.  While working in this position, she began to feel pain in her hands.  Around August 1, 2007, Geronimo began to suspect that she had carpal tunnel syndrome.  It was not until August 14, 2007, that Geronimo told a nurse at Caterpillar about her symptoms.  Geronimo told the nurse that she did not report her injury earlier because she thought she could work through the pain and she did not want to jeopardize her job.

Caterpillar had a policy in place that employees must report injuries immediately or, in the case of gradual onset, as soon as the employee is aware of the problem.  Caterpillar told its employees that gradually-occurring injuries should be reported within forty-eight hours.  Because Geronimo violated this reporting policy, her employment was terminated.  Geronimo filed suit against Caterpillar alleging that she was fired in retaliation for making a claim for workers’ compensation benefits.

The Tennessee district court granted Caterpillar’s motion for summary judgment and the Sixth Circuit Court of Appeals affirmed this decision.  The Court of Appeals relied on language in Tennessee’s workers’ compensation laws, which does not prohibit an employer from imposing separate notice requirements for workplace injuries.

Despite the holding in Geronimo, Ohio employers should still take caution when considering termination of employees who have been injured on the job.  The Ohio Supreme Court, in Sutton v. Tomco Machining, Inc., has made it clear that employees can maintain retaliation suits under Ohio Revised Code section 4123.90, even if they have not yet had the chance to file a workers’ compensation claim.  It is essential that any termination of an injured worker be completely unrelated to the employee’s injury and any workers’ compensation claim filed by that employee.