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Law Doesn't Pre-Empt Injured Worker's Claim of Wrongful Termination

Friday, April 3, 2020 | 0

The Utah Supreme Court ruled that the state Occupational Safety and Health Act does not pre-empt wrongful termination claims, as a matter of law. Case: Graham v. Albertsons LLC, No. 20180885, 03/31/2020, published. Facts: Steven Graham worked for Albertsons LLC at a distribution center in Salt Lake City. After about six months on the job, Graham reported a back injury. Albertsons then fired Graham. Procedural history: Graham complained to the Utah Occupational Safety and Health Division, alleging that Albertsons fired him in retaliation for reporting his injury. But the division f...

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