Seventh Circuit: Employee Failed to Establish link Between Termination and Filing of Workers' Comp Claim
1 min read
Mar 25, 2014
The employee, who worked as a passenger general trucker, was terminated after 22 years when he failed to submit to a mandatory drug test following a workplace accident. The employer maintained a mandatory written substance abuse policy that required drug testing in certain situations.
The employee filed suit claiming retaliatory discharge. The employee failed to establish causation, however, because the undisputed facts, including the employee's own deposition testimony, noted that he was terminated because he refused to take a drug test upon initiation of a workers' compensation claim as required by the employer's drug policy. The employee had no evidence that the employer had any other reason for his termination other than his violation of the drug testing policy. The employee also could not establish that the drug policy was discriminatory as he could not provide evidence that the policy discourages employees from filing workers' compensation claims. As such, the U.S. Court of Appeals for the Seventh Circuit affirmed the lower court's finding that the employee's employment was terminated solely as a result of his refusal to take the mandatory drug test and not in retaliation for his seeking to file a workers' compensation claim.
The lesson from this case is that temporal proximity between the protected activity and the alleged adverse employment action may bolster even a weak claim by an employee. Thus, it is always important to work with human resources professionals before administering any adverse employment action to manage risk.
Featured Insights

Event
Apr 23, 2026
Driving Ahead: Insights from Industry Leaders Auto Finance Seminar

Consumer Crossroads: Where Financial Services and Litigation Intersect
Mar 13, 2026
DOJ Settlement with Car Retailer Highlights SCRA Repossession Risks

Privacy, Cyber & AI Decoded Alert
Mar 11, 2026
Compliance Considerations for GDPR Consent in Biotech Clinical Research

Press Release
Mar 4, 2026
Marcia Mueller Named the 2026 Mentorship Award Winner by YWCA Northwestern Illinois

Press Release
Mar 3, 2026
Hinshaw Announces New Administrative Leadership Appointments

In The News
Feb 27, 2026
Hinshaw Partners Examine Implications for Nursing Homes of New Illinois Aid-in-Dying Law

In The News
Feb 24, 2026
Lucy Wang Authors Law360 “Expert Analysis” on Why Attorney Civility Means More in 2026

Press Release
Feb 13, 2026
Hinshaw Team Wins Appeal in Criminal Indictment of Waukegan City Clerk Janet Kilkelly

Press Release
Feb 10, 2026
Hinshaw Trial Team Secures $0 Defense Verdict in $15 Million Auto Accident Trial

Press Release
Feb 5, 2026
Hinshaw Legal Team Secures Directed Verdict in Florida Equine Fraud Case

Press Release
Feb 4, 2026
Hinshaw Celebrates 17 Consecutive Years of Being Named an Equality 100 Award Winner
![[Video] New Regulatory Priorities Under Mayor Mamdani’s NYC Department of Consumer and Worker Protection](/a/web/oHiTWa7kRy3Ht1brq6k4BT/bkMx39/new-york-city-skyline.jpg)
