Chase v. Walgreen Company: Expanding Employee Protection Against Employer Retaliation

In Chase v. Walgreen Company, the court said that employees can’t be punished for seeking workers’ compensation. It’s not just about getting fired – even threats or pressure from the employer can be illegal. F.S. §440.205 protects employees from being fired, threatened, or mistreated by their employer for filing a workers’ compensation claim. The Florida Supreme Court has ruled that employees can sue if they are wrongfully fired for making a workers’ comp claim. An employee cannot be forced to settle their claim by being given work they can’t physically do, as long as their refusal is justified. An employee who believes they have been mistreated can file a complaint. Chase filed a complaint against her employer, Walgreen, for retaliating against her after she filed a workers’ compensation claim. The court initially dismissed the complaint, saying that because she was still employed, she didn’t have a case. However, the Court of Appeal disagreed and said that the law prohibits employers from intimidating or coercing employees, even if they are still working for the company. They said the law is meant to make sure injured workers get the benefits they deserve. The Fifth District court interpreted a Florida workers’ compensation law to protect employees from being intimidated or coerced by their employers for filing a workers’ compensation claim. This interpretation aligns with similar federal laws and promotes justice for employees. The court’s decision is consistent with the statute’s purpose and language and would likely be approved by the Florida Supreme Court. Overall, the court’s decision ensures that employees are protected from retaliation by their employers, even if they haven’t been actually fired.

Source: https://www.floridabar.org/the-florida-bar-journal/chase-v-walgreen-company-expanding-employee-protection-against-employer-retaliation-in-workers-c/