Employee’s Premise Liability Claim Barred by Disclaimer / Release in Employment Agreement

Many times, an employee is required to sign a contract or agreement by the employer as a condition of employment. If the employee does sign, they are employed. If the employee does not sign, there is no employment. The catch-22 when it comes to employment agreements. If you have questions about what you are signing, do yourself a favor and consult with counsel. This way, you at least have an understanding as to what rights you may be foregoing. There are times these employment agreements are later challenged in court by the employee when the employee leaves the company and argues...

19 January

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Employer cannot Retaliate against Employee for Workers’ Compensation Claim

Posted by David Adelstein

in Trial Perspectives

In prior postings, I talked about Florida’s private Whistleblower Act and Florida’s Public Whistleblower Act dealing with retaliatory terminations. Besides these whistleblower protections, there is also protection in Florida’s Workers’ Compensation Law that states: 440.205 Coercion of employees.—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. To support an employment retaliation claim: [A] plaintiff must prove the following three elements: 1) the plaintiff was engaged in protected activity; 2) the plaintiff was thereafter subjected by his employer to an adverse employment action; and...