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Court Upholds Finding of Pretext for Termination of Injured Worker Caught Napping

Thursday, May 5, 2022 | 0

The Utah Court of Appeals upheld a determination that an employer’s reason for firing an injured worker caught napping on the job was pretextual, although it reduced the award of damages owed to him. Case: Hexcel Corp. v. Labor Commission, No. 20200514-CA, 04/21/2022, published. Facts: The Hexcel Corp. operates a manufacturing facility that runs 24 hours per day, 365 days per year. The facility is fenced and guarded and not generally open to the public. Hexcel hired Michael Pickard as a maintenance electrician in 2012. Pickard often used a company truck as needed to drive from place t...

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