Legal Opinion
Holland v. Hardee's Food Systems, Inc.
District Court, E.D. Pennsylvania
Decided May 24, 1994No. Civ. A. 93-6033PublishedCited by 4 opinions
1Opinion of the Court
EXPLANATION AND ORDER
ANITA B. BRODY, District Judge.
I am denying Defendant’s Motion to Dismiss because I conclude that, under Pennsylvania law, the tort of wrongful discharge protects an employee when his or her contractual benefits are terminated in retaliation for the employee filing a workers’ compensation claim.
1. For the purposes of a motion to dismiss, the facts as alleged by plaintiff are taken as true. On November 16,1992, plaintiff was working as the General Manager of a Hardee’s restaurant when the restaurant was robbed. As a result, plaintiff suffered severe psychological injury…
2Cases cited15 opinions
- Don Chuy, in No. 77-1412 v. The Philadelphia Eagles Football Club (Sued as "The Philadelphia Eagles"), in No. 77-1411 and the National Football LeagueCourt of Appeals for the Third Circuit · 1979
- John Novosel v. Nationwide Insurance CompanyCourt of Appeals for the Third Circuit · 1983
- Unger v. National Residents Matching ProgramCourt of Appeals for the Third Circuit · 1991
- Santiago v. Pennsylvania National Mutual Casualty InsuranceSuperior Court of Pennsylvania · 1992
- Commercial Union Insurance Co. v. Bituminous Casualty CorpCourt of Appeals for the Third Circuit · 1988
10 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Fiorentino v. Cabot Oil & Gas Corp.District Court, M.D. Pennsylvania · 2010
- Buccilli v. Timby, Brown & TimbyNew Jersey Superior Court Appellate Division · 1995
- Jensen v. Virgin Islands Water & Power AuthoritySupreme Court of The Virgin Islands · 2009
- Keith Smith v. WireCo WorldGroup, WireCo WorldGroup, Inc., Corporation Doe (1-3), and John Doe (1-3)District Court, E.D. Pennsylvania · 2026