Can Florida Employers Fire Employees For Attempting To Make A Workers’ Comp Claim?

Having represented wrongful termination victims for more than twenty years, our wrongful termination lawyers in Marion County, Florida know that employees are often targeted for termination after suffering a work-related injury. In order to provide protection from retaliation to vulnerable workers who are injured at work, the Florida Legislature enacted section 440.205, Florida Statutes. Under section 440.205, employers are prohibited from retaliating against employees who are injured at work and make or attempt to make a workers’ compensation claim. As the court in Bruner v. GC-GW, Inc., 880 So.2d 1244 (Fla. 1st DCA 2004) observed, “section 440.205 is not only intended to punish employers who discharge an employee for having filed a workers’ compensation claim but is also intended to insure that employees do not have to fear reprisal from their employers when they file a workers’ compensation claim.”

Employers’ Bad-Faith Argument

As part of their continuous campaign of eradicating employee rights and obtaining judicial immunity for their retaliatory employment decisions, employers customarily argue that employees are only protected from retaliation under section 440.205 when they file a “formal” workers’ compensation claim. Although their concept of what constitutes a “formal” workers’ compensation claim is always shifting and tailored to their immediate needs, employers generally contend that a “formal” workers’ compensation claim means that employees must file a petition for workers’ compensation benefits with the Florida Office of the Judges of Compensation Claims. Under this self-manufactured definition of a “formal” workers’ compensation claim, employers contend that employees must retain an attorney who files a petition for workers’ compensation benefits in the workers’ compensation judicial system to obtain protection from retaliation under section 440.205. Until employees file such a “formal” workers’ compensation claim, employers maintain they are allowed to immediately fire employees after a workplace injury and before employees even have a chance to file such a “formal” workers’ compensation claim.

In this article, our wrongful termination lawyers in Marion County, Florida explain how the decision in Salus v. Island Hospitality Florida Management, Inc., 289 So.3d 926 (Fla. 4th DCA 2020) illustrates that Florida courts have rejected employer demands for judicial approval to immediately fire employees after a workplace injury so long as they act before employees have filed a petition for workers’ compensation benefits. Rather, as the Salus decision demonstrates, Florida workers are protected from retaliation under section 440.205 when they attempt to make a workers’ compensation claim.

Workers’ Comp Retaliation Lawsuit

In that case, a man named Salus brought a wrongful termination lawsuit against his former employer, Island Hospitality Florida Management, Inc. (“Island Hospitality”), pursuant to section 440.205. Salus claims that Island Hospitality violated section 440.205 by firing him in retaliation for attempting to make a workers’ compensation claim.

In March 2017, Salus sustained an injury while performing workplace duties. Salus notified management of the injury the following day and later informed management that he was having difficulty receiving follow-up treatment for his injuries. Island Hospitality fired Salus less than two weeks after the work-related injury. Following his termination, Salus filed a claim for retaliatory discharge under section 440.205. Subsequently, Salus filed a petition for workers’ compensation benefits.

While the case was pending before the trial court, Island Hospitality filed a motion seeking dismissal of Salus’ retaliatory discharge claim. In seeking dismissal, Island Hospitality argued that Salus was not protected from retaliation under section 440.205 because he had not filed a petition for workers’ compensation benefits before his employment was terminated. Thus, Island Hospitality maintained that section 440.205 provided Salus with no protection from retaliation after he suffered a work-related injury until Salus filed a petition for workers’ compensation benefits. In dismissing Salus’ retaliatory discharge claim, the trial court rubber-stamped Island Hospitality’s argument and ruled that Salus was not protected from retaliation under section 440.025 because he did not file a petition for workers’ compensation benefits until after his termination.

“Formal” Workers Comp Claim Not Required

Florida’s Fourth District Court of Appeal (“Fourth DCA”) reversed the trial court’s decision and reinstated Salus’ retaliatory discharge claim. In reversing the trial court, the Fourth DCA explained that the trial court “did not consider if the employee’s actions constituted” an attempt to make a workers’ compensation claim. Instead, the trial court “merely relied on the fact that the [petition for workers’ compensation benefits] was filed after [Salus’] termination.” “However,” the Fourth DCA explained, “the fact that [Salus] did not file a formal claim for worker’’ compensation benefits until after his termination does not automatically preclude a claim for retaliatory discharge.” Under the trial court’s flawed “interpretation” of section 440.205, the Fourth DCA pointed out, “an employer could circumvent section 440.205 by terminating employment immediately after a workplace injury and before the employee even has a chance to file a claim for benefits.” Section 440.205, the Fourth DCA reasoned, “should not be construed in such a way that leads to absurd results.”

Unlike the reversed trial court in rubber-stamping the employer’s argument, the Fourth DCA considered whether Salus attempted to make a workers’ compensation claim and found that Salus “effectively sought benefits under the statute.” In support of its finding, the Fourth DCA observed that the “evidence showed that [Salus] went to the hospital the day of the injury, notified his employer of the injury the following day, and had discussion with the employer regarding difficulties in receiving follow-up treatment.” These actions, the Fourth DCA concluded, constituted an attempt to make a workers’ compensation claim and brought Salus “under the protection of the retaliation statute.”

Marion County Wrongful Termination Lawyers

Based in Ocala, Florida and representing workers throughout Florida, our wrongful termination attorneys in Marion County, Florida have litigated wrongful termination cases in Florida courts for more than twenty years. If you have been wrongfully terminated or have questions about your rights as a wrongful termination victim, please contact our office for a free consultation with our wrongful termination lawyers in Marion County, Florida. Our employee rights law firm takes wrongful termination cases on a contingency fee basis. This means that there are no attorney’s fees incurred unless there is a recovery and our attorney’s fees come solely from the monetary award that you recover.