Florida law prohibits an employer from discharging, threatening to discharge, intimidating or coercing any employee by reason of that employee’s valid claim for compensation or attempt to claim compensation under the Workers’ Compensation Law. close in time).
If the employee is able to make a prima facia case, the employer may offer a legitimate reason for the termination unassociated with the filing of the workers’ compensation claim.
If the employer presents proof of a legitimate reason for the firing, the employee bears the burden of demonstrating that the reason offered for her firing by the employer was merely a pretext. That is the employee must show that the reason offered for her termination had no basis in fact, that the reason was not the true factor motivating the termination decision or that the stated reason was insufficient to have motivated or warranted the decision.
If you have questions about the law, please feel free to contact me. I vigorously represent employers facing employment and labor claims. Referrals are always appreciated.