Legal Question in Workers Comp in Florida

wrongful termination

I was told by my employer they no longer had a need for my possition in the company. I was offered a general release form with 2 weeks compensation...which I did not sign. I filed a workers comp claim only 15days prior to this. Isn't this wrongful termination even in Florida?


Asked on 5/19/08, 12:40 pm

1 Answer from Attorneys
Mark Zientz Law Offices of Mark L. Zientz, P.A.

Re: wrongful termination

Florida Stat. 440.205 says no employer may discharge...an employee because that employee filed or attempted to file a valid workers' compensation claim. You must be able to prove the reason given to you is false, ie: downsizing, in order to establish the real reason is the WC claim. Can you do that? Were you replaced? Did the company lay off others more senior than you at the same time? Did the company advertise for new employees? If you have facts to support your wrongful termination, the issue then becomes damages. If you return to a new job at the same or more pay, you won't have damages sufficient to support a lawsuit.

Contact a workers' compensation lawyer or one that handles employee benefit claims for assistance.

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Answered on 5/20/08, 10:37 am


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