The last person Floyd McNair III expected to see after leaving the doctor's office following treatment for a work-related back injury was his boss. The last thing he expected to hear was, "You're fired."

According to the complaint filed June 3 in Nashville's Circuit Court against Nashville Machine Co. d/b/a Ready Duct Inc., McNair alleges that after injuring his back on two occasions in June of last year he was terminated on July 2 by his supervisor, Randy Stone, as he was leaving an appointment with his physician. Stone, the complaint alleges, told McNair he was being fired for falslifying time sheets.

The complaint argues McNair was fired not for forged time sheets — which McNair denies — but because he was pursuing the two previous workers comp claims.

Now, with the filing of this law suit, McNair is pursuing lost wages from the workers comp claims, as well as $750,000 in punitive damages, the law's maximum.

McNair, through his attorney Jeffrey Levine, is suing under the "retaliatory discharge" provision of Tennessee's labor and employment law statute. Retaliatory discharge is a self-defining term wherein a worker claims the punishment handed out by an employer — in this case termination for going to the doctor and filing a workers compensation claim — is actually retaliation.

Levine told Nashvillepost.com the time sheet allegation is completely false. "The company would not provide the time sheets in question so it was obvious to us they were upset by the workers compensation claims filed earlier," Levine said.

Nashville Machine officials were contacted but referred all calls to attorney Jefferson C. Orr of Smith Cashion & Orr. When contacted, Orr was unaware of the suit and deferred comment, indicating the need to speak with his client. Subsequently, Orr could not be reached for comment.

Local employment and labor law expert Tim Garrett, partner and chair of the Labor and Employment practice area at Bass Berry & Sims in Nashville, said the standard of proof is clear in retaliatory discharge cases.

"If going to the doctor and reporting being injured on the job is a protected action under the law, then the plaintiff has a basis for his complaint," said Garrett, who is not directly involved with the case and whose firm has represented Nashville Machine in the past.

But Levine admits the chances of winning this law suit are slim. Most retaliatory discharge claims, he said, are extremely difficult to prove and settlement is even less likely.

"There just aren't many successful cases with this area of the law," Levine said.