The Puerto Rico Supreme Court recently affirmed a lower court ruling awarding plaintiff $100,000. Plaintiff- was a maintenance worker who claimed that his employer had fired him in retaliation for requesting benefits under the local workers’ compensation fund. See, Rivera Menendez v. Action Service, Corp. 2012 TSPR 73 (Date: April 27, 2012).
The employer- engaged in the commercial cleaning business- denied any retaliatory intent and contended that the employee had refused to show up for work. The judge didn’t buy the employer’s version and awarded the worker double damages and attorney’s fees.
Puerto Rico law recognizes a retaliation cause of action in Act No. 115 of December 20, 1991, 29 L.P.R.A. § 194-194b (2001) (“Law No. 115”). Law 115 states that an employer may not “discharge, threaten, or discriminate against an employee regarding the terms, conditions, compensation, location, benefits or privileges of the employment should the employee offer or attempt to offer, verbally or in writing, any testimony, expression or information before a legislative, administrative or judicial forum in Puerto Rico.” P.R. LAWS. Ann. Tit. 29, § 194a(a).
Law No. 115 focuses on external not internal complaint. Thus it only protects “testimony, expression or information … before a legislative, administrative, or judicial forum” provided that such statements are not defamatory nor result in the disclosure of privileged information.
Copyright(c). You cannot copy content of this page.