Q: Do I have a workers comp retaliation case. Caucasian workers able to use workers comp without loosing their job.
Wondering if this is a case. I took workers comp and within 2 weeks was let go. I was gas lighted into not taking it when the injury first occurred, then 2 weeks later I wanted to get it checked because the exact pain came back. I found my job listed on indeed before I had my 2nd Apt at the clinic. -harassment during filing -gas lighting/not wanting me to file in txt -was not paid for last weeks of work -last pay received reflected $1 over from when I first started 11 months ago -injury from osha violated practice possibility..not saying to keep anonymous as possible.
Florida Statute 440.105 (2) (a), pertaining to workers compensation, provides as follows:
"... It shall be unlawful for any employer to knowingly:
"2. Discharge or refuse to hire an employee or job applicant because the employee or applicant has filed a claim for benefits under this chapter."
Thus, whether or not racial discrimination may have occurred, you may have a case that your employer violated this section.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.