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Wrongful termination alleged by worker with 20 years' experience

Florida workers have the right to safe workplace environments. Unfortunately, some business owners disregard those rights and also refuse to address safety issues that are reported by employees. In fact, it is not uncommon for employers to retaliate when injuries are reported and benefits claims are filed with the workers' compensation insurance fund. A lawsuit was recently filed in another state against a recycling company, alleging wrongful termination.

The plaintiff claims to have been working with the defendant for over 20 years, making him one of the company's most experienced staff members. According to the complaint, the employee suffered lung injuries due to exposure to dust, smoke and fumes in the workplace. He contends that a physician who treated him under workers' compensation diagnosed sarcoidosis and discussed the situation with the defendant. The medical practitioner suggested that measures be implemented to eliminate health hazards.

It is alleged that no attention was paid to the suggestions. Instead, the plaintiff's employment was terminated and claimed to be part of a layoff program. The man claims that the termination was done with malice and a desire to retaliate for the fact that the plaintiff filed a workers' compensation benefits claim. He asserts that he has since been unsuccessful in securing other employment, causing him to be unable to care for his family from the workers' compensation benefits.

The plaintiff seeks recovery of lost wages and benefits along with compensation for pain and suffering. Anyone who experiences workplace discrimination or has been the victim of wrongful termination in Florida has the right to consult with an experienced employment law attorney. A lawyer will protect his or her rights and provide guidance throughout negotiations or legal proceedings if the case ends up in court.

Source:, "Worker accuses Totall Metal Recycling of unlawful termination", Molly English-Bowers, March 18, 2016

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