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HOLLAND v. HARDEE'S FOOD SYSTEMS, INC.

Civ. A. No. 93-6033.

853 F.Supp. 848 (1994)

Mondawena HOLLAND v. HARDEE'S FOOD SYSTEMS, INC.

United States District Court, E.D. Pennsylvania.

May 24, 1994.

Attorney(s) appearing for the Case

Louis Agre, Philadelphia, PA, for plaintiff.

Sidney R. Steinberg, Post & Schell, P.C., Philadelphia, PA, for defendant.

EXPLANATION AND ORDER

ANITA B. BRODY, District Judge.

I am denying Defendant's Motion to Dismiss because I conclude that, under Pennsylvania law, the tort of wrongful discharge protects an employee when his or her contractual benefits are terminated in retaliation for the employee filing a workers' compensation claim.

1. For the purposes of a motion to dismiss, the facts as alleged by plaintiff are taken as true. On November 16, 1992, plaintiff...

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