Q. We are a private company that provides services under contract to a subdivision of the state. Normally, before any tort lawsuit has been filed against us related to our services to the state agency, we have received a pre-suit notice as required under Section 768.25, Florida Statutes, to trigger a waiver of sovereign immunity. A former employee has brought a lawsuit against us, alleging that his discharge was unlawful workers’ compensation retaliation under Section 440.205, Florida Statutes. However, he never sent us a pre-suit notice for this statutory tort. Can we get the case thrown out?
A. No. The Florida Supreme Court has now resolved conflicting Florida appellate court decisions on this question. It found that the Florida Workers’ Compensation Law’s definition of “employer” includes the state and its subdivisions when acting as employers. It also found that, when the Legislature failed to enact any specific requirement to comply with Section 768.25, that meant sovereign immunity was waived for workers’ compensation retaliation claims.
Thus, there is no need to provide any pre-suit notice; employees are permitted simply to file directly in court their complaints under Section 440.205.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/12290/does-the-florida-workers-comp-law-require-pre-suit-notice-in-retaliation-cases "