The Wisconsin Court of Appeals upheld a trial judge’s decision to vacate a finding that the termination of an injured worker was for pretextual reasons.
Case: Menard Inc. v. Floriana, No. 2025AP1248, 10/20/2026, unpublished.
Facts: Michael Floriana Sr. injured his back while working for Menard Inc. as a forklift driver. After he returned to work with temporary restrictions, Floriana received a written warning for failing to use his forklift seat belt.
One week later, Floriana was disciplined for throwing a landscape rock. He later described the object as “a little pebb...
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