Legal Opinion

Shick v. Shirey

Supreme Court of Pennsylvania

Decided August 20, 1998No. 82 W.D. Appeal Docket 1997PublishedCited by 154 opinions

1Opinion of the Court

OPINION

ZAPPALA, Justice.

This appeal presents a question of first impression of whether Pennsylvania law recognizes a common law cause of action for wrongful discharge of an at-will employee for filing a workers’ compensation claim. We hold that an at-will employee who alleges retaliatory discharge for the filing of a workers’ compensation claim has stated a cause of action for which relief may be granted under the law of this Commonwealth.

On May 5, 1994, David L. Shick filed a civil action against his former employer, Donald L. Shirey, t/d/b/a Donald L. Shirey Lumber, alleging that Shirey had…

2Cases cited19 opinions

  1. Geary v. United States Steel Corp.Supreme Court of Pennsylvania · 1974
  2. Kachinski v. Workmen's Compensation Appeal BoardSupreme Court of Pennsylvania · 1987
  3. Frampton v. Central Indiana Gas CompanyIndiana Supreme Court · 1973
  4. Petermann v. International Brotherhood of Teamsters, Local 396California Court of Appeal · 1959
  5. Clay v. Advanced Computer Applications, Inc.Supreme Court of Pennsylvania · 1989

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3Cited by154 opinions

  1. Fraser v. Nationwide Mutual InsuranceCourt of Appeals for the Third Circuit · 2003
  2. McLaughlin v. Gastrointestinal Specialists, Inc.Supreme Court of Pennsylvania · 2000
  3. Weaver v. HarpsterSupreme Court of Pennsylvania · 2009
  4. Donahue v. Federal Express Corp.Superior Court of Pennsylvania · 2000
  5. LaRochelle v. Wilmac Corp.District Court, E.D. Pennsylvania · 2016

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