Debra Mae Foster v. North American Bus Industries, Inc.

Summary

The court reversed the summary judgment entered for NABI in Foster's retaliatory-discharge action because the record contained genuine disputes about whether NABI's stated attendance-policy reason was a pretext for terminating her because of her workplace injury and workers' compensation claim. Foster presented evidence concerning inconsistent application of the policy, delivery of medical excuses, notice of her absences, and a supervisor's allegedly negative statement about her continued employment. The court held that resolving those disputes required a jury.