10th Circuit Sides With Walmart on Employee Termination for Not Immediately Reporting Work Injury
"Ms. Braxton argues the district court erred in its construction of the deposition testimony because, as the nonmovant responding to Walmart's motion for summary judgment, she, not Walmart, was entitled to all favorable factual inferences," the opinion said. "But in so arguing, she necessarily concedes that the evidence she relies upon requires inference, which means it was not 'direct.'"
February 21, 2023 at 05:30 PM
5 minute read
U.S. Court of Appeals for the Tenth Circuit, Denver. (Photo: Google) The U.S. Court of Appeals for the Tenth Circuit affirmed the grant of summary judgment in Walmart's favor over an employee's claims that she was fired "because she availed herself of her rights under the workers' compensation laws of Kansas."
According to the opinion, Janell Braxton worked at an e-commerce facility for Walmart at its location in Edgerton, Kansas, and for Jet.com, a wholly owned Walmart subsidiary at that time. Braxton worked three consecutive, overnight shifts from April 12, 2020, until April 15, 2020. During the first shift, Braxton experienced a throbbing pain in her left wrist and told her supervisor Ammie Wilbur about the pain. Braxton again told Wilbur about the pain during the second and third nights of work.
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