Smeigh v. Johns Manville, Inc., No. 10-3388 (7th Cir. 2011)
Annotate this CaseThe employee sued for retaliatory discharge and civil conversion under Indiana law, claiming that the employer wrongfully terminated his employment for filing a workers’ compensation claim and unlawfully retained his personal property after termination. The district court entered summary judgment for the employer. The Seventh Circuit affirmed, noting evidence that the company terminated employee for his post-accident statement that he might not pass a drug test (he later passed the drug test) and refusal to sign an agreement requiring him to undergo counseling and random drug testing to retain his job. The employee did not show that the proffered reason for termination was a lie to cover up retaliation. His property was stolen from an office where it was being temporarily held; the company did not have the required intent to commit conversion.
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