PAMELA ANDREWS, APPELLANT,
v.
DIRECT MAIL EXPRESS, INC., APPELLEE

Fla. 5th DCA | 2009-02-06
No. 5D08-1805
LAWSON and EVANDER, JJ., concur.
1 So. 3d 1192 Florida District Court of Appeal, Fifth District (2009) Positive Treatment
Cited by 13 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The court held that the plaintiff presented sufficient evidence to establish a prima facie case of retaliatory discharge for filing a workers' compensation claim, and thus a directed verdict was improper.


Headnotes

[1] A directed verdict can only be affirmed if no proper view of the evidence could sustain a verdict in favor of the nonmoving party.

[2] To establish a prima facie case of retaliatory firing for filing a workers' compensation claim, a plaintiff must demonstrate a statutorily protected expression, an advers…

Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

The plaintiff filed a workers' compensation claim after an injury at work. Approximately seven weeks later, she was terminated, allegedly due to a ser…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PALMER, C.J.

PALMER, C.J.

Pamela Andrews appeals the trial court’s order directing a verdict in favor of appellee, Direct Mail Express, Inc. (DME), on Andrews’ claim alleging a retaliatory firing based upon the filing of a workers’ compensation claim. Concluding that Andrews presented sufficient evidence to establish a prima facie case, we reverse.

The standard of review for a directed verdict is de novo. See State v. Shaw, 929 So.2d 1145, 1147 (Fla. 5th DCA 2006). However, in reviewing the grant of a directed verdict, an appellate court must view the evidence and all inferences of fact in the light most favorable to the nonmov-ing party and can affirm a directed verdict only where no proper view of the evidence could sustain a verdict in favor of the nonmoving party. See Owens v. Publix Supermarkets, Inc., 802 So.2d 315, 329 (Fla.2001); McQueen v. Jersani, 909 So.2d 491, 492-93 (Fla. 5th DCA 2005).

Section 440.205 of the Florida Statutes provides that 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. Ms. Andrews’ complaint alleged that she was discharged because of her attempt to claim benefits under the workers’ compensation law.

In order to establish a prima facie retaliation case under section 440.205, the plaintiff must demonstrate the following elements: (1) a statutorily protected expression; (2) an adverse employment action; and, (3) a causal connection between participation in the protected expression and the adverse action. See Russell v. KSL Hotel Corp., 887 So.2d 372, 379 (Fla. 3d DCA 2004). In order to satisfy the “causal connection” prong of a prima facie retaliation case, a plaintiff must, at a minimum, generally establish that the defendant was actually aware of the protected expression at the time the defendant took the adverse employment action. Once a plaintiff establishes a prima facie case by proving that the protected activity and a negative employment action are not completely unrelated, the burden then shifts to the defendant to proffer a legitimate reason for the adverse employment action. The burden then shifts back to the plaintiff to prove by a preponderance of the evidence that the “legitimate reason” was merely a pretext for the prohibited, retal*1194iatory conduct. See Sierminski v. Transouth Fin. Corp., 216 F.3d 945, 950 (11th Cir.2000).

At trial, DME’s counsel moved for entry of a directed verdict after Andrews presented her case-in-chief, contending that no causal link had been proven between the termination of Andrews’ employment and the filing of her workers’ compensation claim. DME’s counsel argued that there had been no evidence that the person who made the actual decision to terminate Andrews knew anything about her workers’ compensation claim. However, Andrews’ counsel pointed out that DME’s answers to interrogatories indicated that several people were involved in the termination decision, including some who did know of the filing of Andrews’ workers’ compensation claim. The trial court granted the motion for directed verdict and entered judgment against Andrews. This appeal timely followed.

Andrews contends that the trial court erred in directing a verdict against her because she sustained her burden of proving the causation prong required in retaliation cases since evidence was presented which indicated that DME was aware that she had filed a workers’ compensation claim and there was a close proximity between said awareness and the adverse employment action. In addition, Andrews maintains that DME engaged in a series of adverse employment actions culminating in her termination. We agree.

In that regard, Andrews presented evidence to support the following scenario. She sustained a fall at DME caused by a broken curb in the vicinity of DME’s outside break area. She subsequently filed a petition for workers’ compensation benefits. She was terminated from her employment approximately seven weeks later, after a number of incidents which she contended were retaliation for filing her claim for benefits. Among the events complained of were reprimands for taking breaks that were longer than allowed (which she contended resulted from her taking prescription medication which required her to drink excessive amounts of liquids thus requiring increased restroom usage), and for refusing to sign the warning notice given to her for that incident. In addition, despite outstanding performance scores, she was overlooked for promotions that were given to newer employees. She was terminated after being advised that the reason for termination was unsatisfactory performance based on the way that she had handled a telephone call. However, the next day, she corresponded with the CEO of DME and asked him to investigate her termination. He advised her that she was good at what she did, and that she was not let go because she could not do the job or was not doing a good job, but simply because there was not enough work to go around.

Accordingly, we reverse the trial court’s directed verdict and remand for further proceedings.

REVERSED and REMANDED.

LAWSON and EVANDER, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Volusia Cnty. v. Joynt, 179 So. 3d 448 (Fla. 5th DCA 2015)
    …3d 428, 430 (Fla. 5th DCA 2011) (citing Etheredge v. Walt Disney World, Co., 999 So. 2d 669, 671 (Fla. 5th DCA 2008)). Our review is de novo. Seibert v. Riccucci, 84 So. 3d 1086, 1088 (Fla. 5th DCA 2012) (citing Andrews v. Direct Mail Express, Inc., 1 So. 3d 1192, 1193 (Fla. 5th DCA 2009)). We begin our analysis with Joynt’s claim for loss of future earning capacity. On this claim, the jury awarded $500,000 in damages. Florida allows recovery for future damages for loss of earning capacity. W.R. Grace & Co.…
  • Douglas-Seibert v. Riccucci, 84 So. 3d 1086 (Fla. 5th DCA 2012)
    …river in a rear-end collision, and thus the trial court erred in denying her motion for a directed verdict on his negligence. We agree. We review de novo a trial court’s ruling on a motion for directed verdict. Andrews v. Direct Mail Express, Inc., 1 So. 3d 1192, 1193 (Fla. 5th DCA 2009). In a rear-end collision, a presumption exists that the rear driver was negligent. Clampitt v. D.J. Spencer Sales, 786 So. 2d 570, 572-73 (Fla.2001). The rear driver can rebut this presumption by presenting evidence suppor…
  • Atha v. Allen P. VAN Overbeke, D.M.D., P.A., 213 So. 3d 1073 (Fla. 2d DCA 2017)
    …ust prove the following elements: (1) a statutorily protected activity, (2) an adverse employment action, and (3) a causal connection between the statutorily protected activity and the adverse employment action. Andrews v. Direct Mail Express, Inc., 1 So. 3d 1192, 1193 (Fla. 5th DCA 2009); Russell v. KSL Hotel Corp., 887 So. 2d 372, 379 (Fla. 3d DCA 2004). The operative complaint in this case is Atha’s second amended complaint. Atha alleged that she had worked full time for Van Overbeke as a dental assistan…

Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw