Chiaia v. Pepperidge Farm, Inc.

The issue presented in this appeal is whether the defendant’s absence control policy,1 as applied to the plaintiffs who had sustained injuries compensable under the Workers’ Compensation Act,2 is a per se violation of General Statutes § 31-290a (a)3 when that statute forbids any discrimination or retaliatory discharge for filing a claim or exercising any rights under the act.

Both plaintiffs were employed by the defendant and each sustained work related injuries, filed workers’ compensation claims and were terminated pursuant to company policy solely because they did not return to work within…