[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION RE: MOTION TO STRIKE #109
In a complaint dated December 27, 1996, the plaintiff, Gail Dunn, alleges that the defendants, EAO Switch Corporation, George Longyear and Robert Maier, violated General Statutes §31-290a, which specifically prohibits retaliatory discharge of an employee for filing a workers' compensation claim. Defendants George Longyear and Robert Maier are employed by the defendant in a managerial capacity.
The defendants Longyear and Maier filed a motion to strike the complaint as addressed to them individually on December 8, 1997.1 The defendants Longyear and Maier argue that § 31-290a
applies to employers and not fellow employees who serve in a managerial capacity and merely carry out the employer's wishes.
General Statutes § 31-290a, entitled "Discharge or discrimination prohibited. Right of action" states in relevant part: "(a) No employer who is subject to the provisions of this chapter shall discharge . . . any employee because the employee has filed a claim for workers' compensation benefits . . . ." The wording of the statute clearly creates a cause of action against employers and not fellow employees. Therefore, the motion to strike the plaintiff's complaint is granted as to the CT Page 1401 defendants Longyear and Maier.