Jerry Smith, Cross-Appellee v. Atlas Off-Shore Boat Service, Inc., Cross-Appellant

ALVIN B. RUBIN, Circuit Judge.

For the first time we consider the question: does a seaman whose at-will employment is terminated because he filed suit against his employer under the Jones Act, 46 U.S.C. § 688, have an action in admiralty for wrongful discharge? Concluding that an employer may not, with impunity, discharge a seaman in sheer retaliation for the seaman’s filing of a personal injury claim, we hold that the victim of this vengeance is entitled to maintain an action under the general maritime law to recover compensatory damages.

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Jerry Smith, a seaman employed by Atlas Off-Shore Boat…