Archive for January, 2011
Wrongful Termination and Florida Workers’ Compensation (Statute 440.205)
Florida is known as an “At Will” employment state. This means that employees may be fired at will without employers having much to fear about being found guilty of wrongful termination. The rule is not absolute. The U.S. Constitution protects against employees being terminated based on age, race, and religion. Whistleblowers, individuals who report illegal activity, are also protected. A third, less well-known protection, is contained in Florida Statute 440.205, which provides as follows: 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. Violating Section 400.205 exposes employers to civil actions as well as to criminal penalties. As of January 1, 1994, violation of Section 440.205 is a second degree misdemeanor that also creates a cause of action for retaliatory discharge under 440.105(2).
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