Workers in Florida who are penalized for engaging in a protected activity could be victims of employer retaliation. Retaliation can happen after an individual files a workers’ compensation claim, and there are many different forms of retaliation. For example, a person could be fired or demoted for filing a workers’ compensation claim or asking about filing a claim. Other forms of retaliation include a pay cut or negative information added to an employee file.
It is possible that an employer took such action for a legitimate reason. Therefore, it is important to consider all the facts before making a retaliation claim. Individuals should consider whether other employees were terminated, demoted or had their pay cut despite not seeking benefits. In some cases, employees could have deserved a poor performance review or a written warning added to their files.
Employers will be given a chance to tell their side of the story and present facts that back their claims. Generally speaking, employees are not allowed to pursue a retaliation charge unless they truly believe that it occurred. Therefore, it is important to be sure that a charge is being made in good faith and based on solid evidence. A worker may be able to pursue a retaliation charge even if a workers’ compensation claim is ultimately denied.
Seeking Boca Raton, Florida workers’ comp retaliation attorney assistance may make it easier to obtain a favorable outcome in a case. An attorney may gather evidence of retaliation such as questionably timed performance reviews or a demotion after filing a workers’ compensation claim. Manager and witness statements might also establish that a worker was not treated fairly by his or her employer. If a claim is successful, an employee may be entitled to back pay and other financial damages.
