When a Broward County employer punishes their employee for filing a workers’ compensation claim, this is considered retaliation and is completely forbidden according to Florida’s laws. While most workers fear being demoted or fired, other reactions are also prohibited including being denied a much awaited training, promotion, vacation days, or change or shift.
Even the Federal Law considers retaliation a forbidden action, naming it workplace harassment and discrimination. Under the Equal Employment Opportunity Commission and OSHA, employees’ rights for safety and anti-retaliation are protected under several laws including whistleblowing.
The courts have held that the plaintiff (employee who is filing a workers’ comp retaliation claim), will have to prove several justifying factors. An employer is likely to try to justify the demotion or firing based on the employee’s unrelated behavior, such as work tardiness. Nonetheless, the plaintiff only has to prove that the retaliation was one of the substantial motivating factors in the employer’s action, opposed to the solitary factor.