Bender Ship Repair, Inc. v. Stevens

ON APPLICATION FOR REHEARING

The original opinion in this case is withdrawn and the following opinion is substituted in its place.

This is an appeal from an interlocutory order permitted by this Court pursuant to Rule 5, ARAP. The circuit court order denying Bender's motion for judgment on the pleadings is reversed.

While employed by Bender under an employment contract terminable at will by either employer or employee, Stevens served on the Mobile County Grand Jury May 8, 9, 10 and 12. On May 11, during a break of jury service, Stevens contends by affidavit that he was fired, for service on the…