Sventko v. Kroger Co.

I agree with the result reached by Judge Holbrook but believe some additional comments may be helpful in this case of first impression.1 Although the complaint alleges *650that plaintiffs discharge "was caused solely by the filing of plaintiff’s lawful claim for Workmen’s Compensation” the facts set forth in the bill disclose an equally plausible and legitimate reason for terminating the at-will employment relationship, viz.: that defendant was apprehensive that upon re-employment, plaintiff would sustain an aggravation or reoccurrence of the original low back injury. Given the high cost of…