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Case: Individual Employment Rights/Workers’ Compensation (Fla. Dist. Ct. App., 4th Dist.)

Jan. 17, 2020, 6:27 PM

A Florida circuit court for Broward County erred in granting summary judgment to Island Hospitality Florida Management, Inc. on the retaliatory discharge claim of an employee injured on-the-job, who was fired less than two weeks after the work-related injury. The employee filed a claim for retaliatory discharge under a state statute, and then he filed a petition for workers’ compensation benefits. The trial court didn’t consider that the employee’s actions constituted an “attempt to claim compensation” when it found he couldn’t make a prima facie case under the statute because he didn’t petition for the benefits until after his termination,...

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