An employee who returns to work after receiving workers’ compensation benefits should expect fair treatment. In some cases, however, the employer begins watching the employee too closely.
This monitoring can be a form of retaliation. Under Florida law, workers have the right to file a workers’ compensation claim without facing punishment or harassment.
When is excessive surveillance illegal?
As an example, a warehouse worker might injure their shoulder while lifting heavy boxes. After receiving workers’ compensation benefits and completing treatment, the worker returns to the job with a few physical limitations. The employer begins tracking the worker’s every move. Supervisors follow the worker around the building, write down small mistakes and even install extra cameras near the workstation. Other workers do not face the same level of attention.
This kind of behavior may count as illegal retaliation. Florida law protects employees from unfair treatment after they file a workers’ compensation claim. Employers cannot punish workers for using their legal rights. Excessive monitoring, especially when it only targets one employee, can create a hostile work environment. It can also discourage the worker from speaking up again in the future.
Surveillance becomes a problem when it causes stress, limits opportunities or tries to force the worker to quit. It does not matter if the employer calls it a safety measure. What matters is how the monitoring affects the employee and whether it serves a fair purpose.
What can you do if your employer is wrongfully monitoring you?
If an employer treats a returning worker differently, the employee should begin documenting what happens. Keep a record of dates, times and details of all monitoring activity. Take note of any changes in job duties, performance reviews or treatment by supervisors. Compare these changes with how the employer treats others in a similar role.
Florida’s workers’ compensation laws aim to protect workers from injury and retaliation. Employers who cross the line by using surveillance to harass or push someone out may face serious consequences. Workers who experience this kind of behavior should not stay silent. Taking the right steps early can help stop the retaliation and protect future rights.