Can My Employer Fire Me for Filing a Workers’ Compensation Claim?

All U.S. states—except Montana—have at-will employment, which means employers can discharge an employee for any reason at any time. Nevertheless, there are a few situations where employers cannot terminate someone’s employment, even under at-will employment laws.

Employers can’t fire an employee for a discriminatory reason (race, sex, religion), whistleblowing, or, ordinarily  because they’ve exercised their legal employment rights.  In Florida, it is unlawful for an employer to intimidate, coerce, discharge, or threaten to discharge and employee by reason of the employee’s valid claim for workers’ compensation (or valid attempt to claim compensation).

That’s right , in Florida,  an employer can’t legally fire you for filing a workers’ compensation claim after an accident. Still, that doesn’t mean they won’t treat you differently, make your job more difficult, or attempt to fire you despite knowing they’re violating the law. 

If this occurs, just remember your legal rights. Stay focused, take a deep breath, and don’t forget to contact an attorney as soon as you suspect misconduct.

The Ins and Outs Retaliation

Retaliation looks different from workplace to workplace. Some employers may give you the cold shoulder, while others may leverage their position to make your job more difficult or terminate your employment altogether. Most employers engaging in such wrongful acts will attempt to conceal their actions or frame them in a better light, to protect themselves should you decide to take legal action against them.

Some other examples of retaliation include:

• Pay decreases
• Demotion
• Promotion denial
• Demand for additional work hours/overtime
• Harassment, whether verbal or otherwise
• Reassignments
• Poor performance reviews

The first step in fighting back against retaliation is understanding it. Your employer may act differently than that mentioned above, but that doesn’t mean your situation doesn’t fall under the umbrella. If you’re unsure, your best course of action is to speak with a legal expert and get their advice on your next steps.

What to Do if You’re Retaliated Against for Filing a Workers’ Compensation Claim

Ethically or legally, there’s nothing wrong with exercising your rights to  workers’ compensation benefits. Retaliation is against the law. Still, it’s not the easiest thing to prove, especially if your employer has taken steps to conceal their wrongdoing.

This shouldn’t deter you from taking action; It should encourage you to build the strongest case possible, starting from the first instance of retaliation. Here are a few tips that can help you accomplish just that:

1. Take notes of any conversation or action of suspected retaliation. Record what was said, the people involved, and any other details that can help prove that the incident occurred.
2. Ask coworkers for their testimony of any retaliatory behavior they’ve witnessed
3. If possible, document actions that you believe to be retaliatory by texting or emailing a supervisor with your concerns
4. Keep records of written communications before and after the accident occurs so you can compare, if necessary

No employer can keep you from receiving the benefits you’re entitled to under the Workers’ Compensation statute. They may try to, but with due diligence on your part and an experienced legal team in support, you give yourself the best possible chance of shedding light on their injustice.

The Road Ahead Might Not be Easy, But It’s Almost Always Worth It

Workers’ compensation isn’t a personal injury claim. When it leads to wrongful termination, it enters into another legal realm and offers a wider array of benefits for recovery – if you can successfully prove your claim of retaliation.

If you’ve been retaliated against or wrongfully fired for your personal injury claim, our team can help you understand the legality of your situation and support your next steps. To get started, complete our free, no-risk case evaluation.