Can You Lose Your Job While on Workers' Comp in Florida?
It is unlawful for your employer to harass you or fire you in retaliation for filing a workers’ compensation claim in Florida. However, this doesn’t mean that an injured worker collecting Florida workers’ compensation benefits is immune from losing their job. Florida operates as an “at-will” state which means that every employee is subject to termination at any time. As long as an employer isn’t in violation of employment laws by the state and federal government, they have the right to let their employees go for almost any reason.
If you lost your job while collecting workers’ compensation and you believe your employer took this action in retaliation against you or with ill-will towards you because you filed a claim, you should call a Florida workers’ compensation attorney immediately. Stephen M. Andrews is a Tallahassee workers’ compensation attorney that will fight for your rights to help you combat discriminatory actions that were unlawfully thrust upon you while you were trying to recover from your Florida workplace injuries.
How to Tell if You Were Legally Terminated or Retaliated Against
There is a number of reasons why an employer chooses to fire employees. Even if all of a business’s employees are exemplary workers, the business could still face other issues that would prompt an employer to make the decision to let their employees go. The current climate with the global pandemic causing many businesses to closes their doors is a prime example. Some of the most well-run businesses that were thriving before the pandemic hit were forced to downsize or simply go out of business. If you were on workers’ compensation and worked for a company that had to re-evaluate their operations because they were struggling financially, it is unlikely that you were fired as an act of retaliation. Further, it would be fairly challenging to prove that your firing was illegitimate.
On the other hand, if you have a long history working for a company without any demerits against your name or any history of disciplinary actions taken by your employer it could be concluded that you were a good worker who earned the job that you had. If right after you file your Florida workers’ compensation claim you are fired, and no one else in the company lost their job, you may be able to argue a connection to retaliation by your employer. If your employer openly threatens to fire you as a means to stop you from filing a claim, you should speak with a Florida workers’ compensation lawyer.
Speak with a Florida Workers’ Compensation Attorney Today
Making the case that your employer fired you as a result of your workers’ compensation claim is a difficult task. Your best bet is to take your case to a qualified Florida worker’s rights attorney to have it evaluated. If there is a case to be made, your attorney will be able to help you by fighting on your behalf so that your rights are protected. Stephen M. Andrews thoroughly understands Florida workers’ compensation law and has been providing effective legal counsel to Floridians injured at work for more than 35 years. Call Stephen M. Andrews today at (850) 906-9599 to schedule your free consultation.