Ocala, FL Being Fired Following a Work Injury
Illegal Firing Attorneys in Ocala, FL
Florida is considered an at-will state, which means that employees serve at the will of employers. Legally, an employer can fire, demote, promote, discipline and hire workers at any time and for any reason. Employers are also able to make changes to the conditions of employment without notice at any time. However, there are still exceptions to the at-will rule. If you believe that you illegally fired because you are claiming workers’ compensation, let Ocala workers' compensation attorneys help you.
Exceptions to At-Will Termination
Florida companies have a fair amount of freedom in regards to decisions about their employees. In many cases, they do not have to provide reasoning when they fire, demote or discipline a worker. The clear exceptions include discrimination (sex, age, race, marital status or religion), those who have reported discrimination, testimonies against employers when subpoenaed, family-related leaves, or workers’ compensation claims. If you get injured at work, you are entitled to medical benefits and a percentage of lost wages. Following a workplace injury, according to workers' comp Florida laws, it is illegal in Florida for an employer to terminate you or retaliate against you.
Another somewhat rare, but significant exception, is when contract workers are fired. Typically, contracts, usually reserved for executives and union members, state specific reasons a worker can be fired. If an injury is not included as a reason for termination, the employee can pursue a lawsuit. It should be noted this is not applicable for implied contracts. In the past, Florida courts have been known to reject wrongful termination cases that are based on implied contracts but a workers’ comp lawyer can answer any specific questions you may have.
What to Do If You Believe You Were Illegally Fired
In order to prove that your employer fired you in retaliation, you must provide evidence that a work-related accident did occur, your employer performed an adverse action against you, and that the negative reaction was directly caused by the injury. For the first step, you can merely file a Florida workers’ compensation claim or provide evidence you were about to file a claim. Retaliation can come in a variety of forms such as being fired or forced to perform menial tasks that you otherwise would not be required to complete. Proving there is a correlation between the events may be a bit complicated because most employers will not freely admit it. Instead, you must prove that your boss had knowledge of the claim or made suggestive comments asking you not to file a claim or statements about the expenses that accompany workers’ compensation claims.
Importance of a Workers’ Compensation Lawyer
It can be quite intimidating to pursue legal action against your previous employer, especially if it is a large company. An experienced workers' comp lawyer can search for useful evidence to use against your boss. When you consult legal aid, you will have a higher chance of getting a successful result because attorneys have the necessary knowledge of similar cases and the ability to negotiate a better deal than you can alone.
Ocala Workers’ Comp Law Firms
Illegal termination cases, especially when they follow workplace injuries, can be emotionally charged and frustrating. Therefore, it is vital that you choose one of the most successful workers' compensation attorneys Ocala has to offer. At Schatt Hesser Mcgraw, our Ocala lawyers have experience on both sides of workers’ compensation cases, which enable us to come up with the strategy that will give you the highest chances of success. If you believe your workers’ compensation claim resulted in your termination, call us today to see how we can help you.