Employment Law Articles
Defending the Rights of the Wrongfully Terminated
By Scott Adams | Employment Law Attorney
Published on October 27, 2016
On June 5, 2015, the Employment Lawyers at LaBar & Adams, P.A. in Orlando filed a lawsuit on behalf of our client who was wrongfully terminated. The case concerns the deprivation of our client’s basic right to make a living in violation of the anti-retaliation provision of Florida Workers’ Compensation Law contained at section 440.205, Florida Statutes. The public policy of Florida protects an employee’s access to workers’ compensation benefits and does not allow an employer’s intimidation or coercion to discourage the filing of workers’ compensation claims. Florida’s policy promotes the reporting of workers’ compensation claims so they can be handled informally and inexpensively without the need for judicial intervention.
Such injured employees in Florida have a constitutionally protected property right to receive workers’ compensation benefits.Property rights are basic substantive rights expressly protected by the Florida Constitution. In keeping with this policy, the Florida Legislature enacted section 440.205, Florida Statutes, to protect employees that report workers’ compensation claims.
Our client worked for the employer for over thirteen (13) years. Throughout his over thirteen years of employment, he received numerous certificates of achievement and certificates of recognition. This all changed on Tuesday, January 13, 2015 at approximately 9:30 p.m. when our client suffered an injury to his right shoulder and bicep while he was unpacking counter-tops for the employer. Our client did not notice any immediate pain, so when his work shift ended at 10:00 p.m., he went home. That evening he began to experience pain to his right shoulder and bicep. He treated the pain with over-the-counter anti-inflammatory medication.
Our client was not scheduled to work on Wednesday, January 14, 2015 or Thursday, January 15, 2015. Upon returning to work on his next scheduled workday, January 16, 2015, he advised his supervisor that he had suffered a workplace injury on the last day he worked-January 13, 2015. The supervisor responded by filing a First Report of Injury or Illness to the Division of Workers’ Compensation, Florida Department of Financial Services. Our client subsequently received documents from the employer’s Workers’ Compensation Carrier, was assigned a claim number, and assigned an insurance adjustor.
Three days after reporting his work place injury, on January 19, 2015, our client was wrongfully terminated by his employer for failing to report his workplace injury immediately.
The Orlando Employment Lawyers at LaBar & Adams are vigorously pursuing justice for our client. The judge on the case has already ruled for partial summary judgment in our client’s favor. If you or someone you know has been the victim of unfair employment practice, such as wrongful termination, please contact the Employment Lawyers at LaBar & Adams at 407-835-8968. You may also fill out the online form provided at the top of this page and we will contact you shortly.
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