Bellefleur v. Fraser Paper
Sedgwick Claims Management Services
March 17, 2014
§353 Discrimination due to injury Termination due to injury
Summary from the Troubh Heisler Attorneys
Appellate Division discusses employee burden of proof under § 353 to establish his termination was rooted substantially in the exercise of his rights under the Act where based on surveillance Fraser believed in good faith that the Bellefleur was dishonest to Fraser about his physical capabilities and dishonest to the § 207 medical examiner. Following termination parties entered into a labor grievance settlement which provided that references to his dishonesty would be removed from his record. The Panel found that the agreement did not preclude Fraser from offering evidence of his alleged dishonesty to establish their belief underlying the termination was in good faith.