Layssard v. Proctor & Gamble Mfg. Co.

532 So. 2d 337, 1988 WL 103182
CourtLouisiana Court of Appeal
DecidedOctober 5, 1988
Docket87-759
StatusPublished
Cited by4 cases

This text of 532 So. 2d 337 (Layssard v. Proctor & Gamble Mfg. Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Layssard v. Proctor & Gamble Mfg. Co., 532 So. 2d 337, 1988 WL 103182 (La. Ct. App. 1988).

Opinion

532 So.2d 337 (1988)

Charles R. LAYSSARD, Plaintiff-Appellee,
v.
PROCTOR & GAMBLE MANUFACTURING COMPANY, Defendant-Appellant.

No. 87-759.

Court of Appeal of Louisiana, Third Circuit.

October 5, 1988.

*338 Michael W. Shannon, Alexandria, for plaintiff-appellee.

Bolen & Erwin, James A. Bolen, Alexandria, for defendant-appellant.

Before DOUCET, LABORDE and YELVERTON, JJ.

LABORDE, Judge.

Plaintiff, Charles Layssard, filed suit against his former employer, The Proctor and Gamble Manufacturing Company (Proctor and Gamble). Layssard's petition claimed that Proctor and Gamble wrongfully discharged him from employment due to his having filed suit for worker's compensation benefits against Proctor and Gamble. After a trial on the merits, the trial court held in favor of the plaintiff finding that he had in fact been wrongfully discharged due to his having previously filed a worker's compensation claim. The court awarded plaintiff one year's salary, legal interest and attorney's fees as damages. Defendant has now suspensively appealed.[1]

FACTS

Plaintiff began working for Proctor and Gamble at its plant in Pineville in 1969, *339 making $3.00 per hour. He gradually moved up the employment ladder at Proctor and Gamble receiving promotions and pay raises periodically throughout his career. At the time plaintiff was terminated from employment in February, 1985, he was working as a technician at the plant and was making over $700 per week.

Plaintiff injured his knee while at work on May 31, 1983. This injury required surgery and plaintiff did not report back to work until July 18, 1983. He was unable to perform some of the tasks required by his supervisor (the two apparently argued about plaintiff's ability to work). Plaintiff was instructed by his treating physician to remain home for two more weeks. The physician sent a letter to defendant's company doctor stating that plaintiff had said that his supervisor "cursed at" him and had required plaintiff to perform job tasks beyond the limits imposed by the doctor. The letter further conveyed the order that plaintiff remain off of work for two weeks.

On August 8, 1983, plaintiff returned to work. He was then required to meet with his supervisor to discuss the letter sent by the physician. He was given a two week disciplinary layoff due to the alleged untruths that he told the doctor. Plaintiff returned to work in September, 1983 and on October 20, 1983 he was summoned for a "performance review" by his supervisor. His performance review was described by defendant as "less than satisfactory." Plaintiff had never received a performance review prior to his accident nor had he ever had reason to believe that his job performance was less than satisfactory. Defendant claims that although the review was not administered to (discussed with) plaintiff until October, 1983, it was actually prepared in May, 1983, prior to his accident.[2] Although the review was less than satisfactory, no disciplinary action was taken.

Plaintiff continued working until April 4, 1984, when he injured his elbow at work. The injury did not cause plaintiff to miss any work at this time, however, it later was surgically repaired on January 11, 1985. On August 23, 1984 plaintiff filed a petition for worker's compensation due to the May, 1983 knee injury. Soon afterwards (October, 1984), plaintiff underwent another performance review.[3] This review was administered to plaintiff and showed his work to be "unsatisfactory," but no disciplinary action was taken.

Plaintiff continued working for defendant until his surgery in January, 1985. At that time he underwent surgery to repair his elbow and also for an inguinal hernia. Plaintiff claimed that hernia was due to an on-the-job injury, but defendant disputed this as he had never previously reported such an injury. On January 15, 1985, defendant advised plaintiff that his hernia surgery was not covered by worker's compensation benefits. Defendant also advised plaintiff that the physician had informed it that plaintiff would only have to miss one day of work due to the elbow surgery[4] and thus that was the only day for which he would receive worker's compensation benefits. Plaintiff obtained a written excuse saying that he could not return to work until January 23, 1985, but the excuse had to be returned because it was not authorized by the doctor. The excuse was issued by the doctor's receptionist who believed that it was authorized. Defendant hired a private investigator to investigate the matter. Defendant felt that plaintiff had fraudulently induced the receptionist to issue the excuse.

On February 7, 1985, plaintiff's worker's compensation trial for his knee injury was held. The court found plaintiff to be permanently and partially disabled and entitled to 450 weeks of worker's compensation benefits. 490 So.2d 1172. On February *340 18, 1985, defendant held a conference with plaintiff asking him to explain the issuance of the 5 day excuse without authorization of the doctor. Defendant did not find plaintiff's explanation to be plausible and he was given a disciplinary layoff. After further consideration, defendant decided to terminate plaintiff's employment on February 22, 1985.[5]

WRONGFUL TERMINATION

In its "Reasons for Judgment," the trial court stated:

"This matter is before the court on a petition by Charles Layssard, in which he seeks to invoke the provisions of La.R.S. 23:1361 which reads as follows:

§ 1361. Unlawful discrimination prohibited

A. `No person, firm or corporation shall refuse to employ any applicant for employment because of such applicant having asserted a claim for worker's compensation benefits under the provisions of this Chapter or under the law of any state or of the United States. Nothing in this Section shall require a person to employ an applicant who does not meet the qualifications of the position sought.
B. No person shall discharge an employee from employment because of said employee having asserted a claim for benefits under the provisions of this Chapter or under the law of any state or of the United States. Nothing in this Chapter shall prohibit an employer from discharging an employee who because of injury can no longer perform the duties of his employment.
C. Any person who has been denied employment or discharged from employment in violation of the provisions of this Section shall be entitled to recover from the employer or prospective employer who has violated the provisions of this Section a civil penalty which shall be the equivalent of the amount the employee would have earned but for the discrimination based upon the starting salary of the position sought or the earnings of the employee at the time of the discharge, as the case may be, but not more than one year's earnings, together with a reasonable attorney's fee.'
Mr. Layssard was employed by Proctor and Gamble, Inc. in 1969 and continued his employment until he was terminated in 1984. [1985] His termination followed 2 on the job injuries and 2 disputes over the amount of compensation owed. One of these disputes resulted in the plaintiff filing a lawsuit against his employer for worker's compensation benefits. He was fired between the time of the filing of the lawsuit and the time he was ultimately successful in that lawsuit. The defendant in this matter is a self insurer.
The totality of the evidence in this matter convinces the court beyond any doubt that Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
532 So. 2d 337, 1988 WL 103182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/layssard-v-proctor-gamble-mfg-co-lactapp-1988.