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QUESTION

Statue:

I need help trying to determine if the following statute applies to the following claim.

Statue: 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 Worker's Compensation Law.

Situation: Rita was employed by Acme Company. She had been reprimanded several times for violating various company policies. Other employees filed written requests not to have to work with her. On October 9, Rita was injured on the job (three days before her annual performance evaluation). On October 12, she was terminated. Rita claims retaliatory discharge based on her injury and pending workers' compensation claim.

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