NABI, an Anniston-based bus manufacturer, terminated Debra Foster, an employee, citing violations of their no-fault, points-based attendance policy. Foster, who worked as a harness technician, suffered a work-related injury when a steel panel struck her head. Post-injury, Foster had multiple absences, providing medical notes to justify them, which her husband occasionally delivered. However, communication discrepancies arose between Foster, her husband, and NABI's supervisors regarding her absences and health condition. Foster alleges she was unjustly fired in retaliation for her injury and the subsequent workers' compensation claim.
In defense, NABI claims they dismissed her due to attendance policy violations. The court's decision process necessitates the employee first establish a claim of retaliatory discharge. The burden then shifts to the employer to provide a legitimate termination reason, and finally, back to the employee to demonstrate that the given reason is a facade. The case is muddled by inconsistent evidence, such as conflicting phone records and the inconsistent application of NABI's attendance policy. Foster emphasized a medical note she had submitted, which excused her till a specified date, arguing the irrationality of daily call-ins. NABI's rebuttal focuses on not having received this note and a required daily check-in, despite any medical notes. Previous incidents, however, show inconsistency in NABI's policy enforcement. Given these disparities and contradictions, the case has been remanded for jury determination, reversing the trial court's summary judgment.
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