Schubbe v. Diesel Service Unit Co.

Plaintiff was fired the day he returned to work after a two and a half month absence due to a compensable workers’ compensation injury. He sued under ORS 659.121(1) for an order restraining defendant from continuing its unlawful employment practice and reinstating plaintiff on his job with an award of back pay. The trial court found that plaintiff was terminated because he filed a claim for workers’ compensation, which is an unlawful employment practice under ORS 659.410. We review de novo1 and affirm.

Defendant is engaged in the business of selling, maintaining and repairing trucks. Plaintiff…