Rothrock v. Rothrock Motor Sales, Inc.

Rothrock Motor Sales, Inc. (Rothrock) (defendant) was owned by Bruce Rothrock. Bruce’s brother, Ted Rothrock (plaintiff), was employed as the manager of the body shop. Ted’s son, Doug Rothrock (plaintiff), worked as a technician. Ted was Doug’s direct supervisor. One day, Doug reported to human resources that he had been injured while working. Bruce incorrectly believed that Doug had been injured elsewhere. Bruce pressured Ted into getting Doug to sign a release of his rights under workers’ compensation and told Ted that if Doug did not sign the release, both men would be gone. Ted did not comply. Bruce then called a meeting with Ted and Doug to force Doug to waive his rights. When Doug would not waive his rights, Bruce told Doug he was terminated and reminded Ted of his earlier threat. Ted understood Bruce’s reminder to mean that he was also terminated, and he left. After this meeting, Doug filed a successful claim for workers’ compensation. Ted and Doug later filed successful claims for unemployment insurance and a joint complaint for wrongful discharge. A jury ruled in favor of Rothrock on Doug’s claim of wrongful termination for refusal to forgo his workers’-compensation rights. However, the jury found in favor of Ted on his claim of wrongful termination for his decision not to compel Doug to waive his rights under workers’ compensation. Rothrock appealed. Under Pennsylvania caselaw, it was illegal to fire an employee for exercising rights to workers’ compensation. Rothrock argued that the policy protecting an employee from termination for exercising workers’-compensation rights should not be extended to a supervisor who refused an order to compel an employee to waive those rights. However, the appellate court affirmed. Rothrock appealed.