At-Will Employment

Losing a job can be difficult, but if your employer didn't give you a reason why, you may be confused about what to do next. Some may not know this, but Florida is an at-will employment state. This means that, without a written contract, an employee can quit or be fired at any time for any reason and the employer will not be subject to prosecution unless the termination is because of any form of discrimination (e.g. disability, race, gender, etc).

At-Will Employment and Workers’ Compensation

Wearing the wrong color shoes, doing unsatisfactory work, or taking one too many bathroom breaks are reasons that could be justified for the termination of an employee. What is not grounds for termination is a worker filing a workers’ compensation claim. Under Florida Statute 440.205, “no employer shall discharge, threaten to discharge, intimidate, or coerce any employee by reason of such employee’s valid claim for compensation or attempt to claim compensation under the Workers’ Compensation Law.”

At-Will Employment vs. Discrimination

It’s important for employees to know when they are being fired for no apparent reason and when they are being fired because they are being discriminated against. The Florida Commission on Human Relations defines discrimination as “the unfair treatment of a person or group on the basis of prejudice and without regard to individual merit.” This includes racial, age, gender, religion, genetic, and disability discrimination. 
Workers might think that if they are fired after filing a workers’ compensation claim that they automatically have a case, but it is a little harder than that. The difficulty lies in proving that the wrongful termination was due to the filing of the worker’s compensation claim and not due to the evidence surrounding the accident. For example, if an employee gets hurts on the job because of negligence then the employer would be covered under the employment-at-will doctrine. Contact a lawyer today if you feel like you have been wrongfully terminated due to a workers’ compensation claim

Sometimes you need justice. Sometimes you need a lawyer.

 

Call 407.648.4940 or contact Coye Law Firm today for a free consultation about your case.

The expert injury attorneys at Coye Law Firm are experienced with Florida, New York, Michigan, and District of Columbia law and are here to help the injured.

Discover POWERFUL SECRETS and COMMON LIES of Florida Workers' Compensation 


If you are someone you know is struggling with the workers' comp process, get a FREE hard copy of my workers' compensation book and you will be squared away in no time!

From my book you will learn...

  • The one thing you MUST do within 30 days of a work injury (page 16)
  • How to fill out a First Report of Injury form (page 20)
  • The first step you need to take to receive wage loss benefits (page 54)
  • What medical decisions your employer can make for you (page 26)
  • How to protect your benefits after being placed on light duty (page 38)
  • How to deal with rude workers' compensation doctors (page 39)
  • Disastrous workers' comp traps to avoid (page 83)
  • Others methods to pay for your medical costs (page 45)
  • What "maximum medical improvement" means for a claimant (page 63)
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