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¶ … Workers' Compensation Case
The primary issue in the case of Rita and her termination from employment from the Acme Company was whether or not her termination was based upon her negligence and not her injury that she received on the job. Although Rita had been reprimanded on several occasions, her actual termination from the company occurred shortly after she acquired an injury on the job. Therefore, the central issue in the case is whether the company had the right to terminate Rita based on her poor performance on the job, or whether the company used her past employee reprimands in an opportunistic way to protect themselves from a worker's compensation case as well as the resulting liability that might have been generated from such a case.
Rule
The rule that is most relevant to this case is the Florida Workers' Compensation Law that protects employees from being unduly discharged due to the fact that they might have a case against the company that might hold them liable. Most specifically, the rule reads as:
"No employer shall discharge, threaten to discharge, intimidate, or coerce any employee by reason of such employee's valid claim for compensation or attempt to claim compensation under the Workers' Compensation Law."
It follows that the rule is intended to protect...
For example, it would not necessarily matter that an employee had zero discretions, or one hundred, the rule would apply the same. If an employee was injured for some reason that was due to their own negligence, then the employment record might be relevant based on their performance in the past. However, if the previous discretions were not relevant to the current injury, then it is reasonable to believe that these issues would not be relevant to the current case and the rule would apply without and consideration of previous performance criteria.
Analysis
The central issue in the case relates to whether or not the company used their position as the employer to terminate a relationship on the basis that they were intending to unduly limit their liability to an employee's claim, without adequate grounds otherwise. Although the company has cited many reprimands that the employee had been given based on her performance, the employee's position was not yet terminated. The timing of the termination, for example, after the company realized a potential liability resulting from an injury, makes it suspect to violating the rule that governs the situation.
Conclusion
The primary issue in the circumstances as they have been presented would be whether…
Resources:
Walston-Dunham, B (2012). Introduction to Law. (Sixth). New York Delmar Cengage Learning. 978-1111311896
Tim Tyler (2012). Nailing the Baby Bar: How to Write Essays for the California First Year Law Student Exam. Practical Step Press. 978-1-9361600-04-4
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