Don Borque v. Trugreen, Inc.

The issue in this case is whether under Florida law a workers’ compensation settlement between an employer and employee containing broad release language absolves the employer of a retaliatory discharge claim. We conclude that the release language at issue here is not sufficiently clear to support a summary judgment for the employer.

Don Borque injured his shoulder while working as a courier for Trugreen Limited Partnership in September 2002. At the time of his injury Borque had worked for Trugreen for over two years with a salary of approximately $400 a week. Borque sought treatment at a…