Cases

In order to prevail in a retaliatory discharge claim under Section 440.205, Florida Statutes, the employee must prove 1) he engaged in a statutorily protected activity; 2) an adverse employment action occurred; 3) the adverse action was causally related to the employee’s protected activity. The protected activity in this case was the claimant’s claim for workers’ compensation benefits. Adverse employment action involved the employer’s unwillingness to re-hire the claimant after the filing of a claim for benefits. A close temporal proximity between the protected activity and the adverse employment action is sufficient circumstantial evidence of a causal connection for purposes of proving a prima facie case. Appellate court (3rd DCA) determined that there were sufficient conflicts in the evidence precluding the award of summary judgment in favor of the employer.