Legal Question in Disability Law in Florida
Fired because I am HIV+
I was fired from my job with no warnings or write ups after my employer found out I am HIV+. Although I did have absences most of them were preapproved by my supervisor (in one instance by the owner of the company) after any missed days due to illness I always turned in a note from my Doctor stating the reason why I was out. When I was offered the position I was honest with my immediate supervisor and I told her I was HIV+ and because of that there would be times when I would be out sick but that I would always return to work asap with a Dr.'s note saying the reasons I was out (short explainations such as flu, infection, whatever). After 2 years new mngmt came in and at a meeting w/me asked why I was out so much I explained I had a health cond. (no details) they asked me for something from my Dr. to prove I was ill. I brought them a note in Oct with a very broad description I was fired Jan 2nd. I applied for unemployment benefits, they fought it and after a hearing I won. They had to admit I had no warning that my job was in jepardy. Since most of my absences were preapproved at least 2 months ahead of time they could not use them against me. My job was only at risk AFTER they found out I had AIDS.
4 Answers from Attorneys
Re: Fired because I am HIV+
More important-did you have an income disability policy with your employer for Short Term and Long Term disability. Have you checked with Social Security for its disability program?
Re: Fired because I am HIV+
YOu would likely have a claim under Federal and Florida law. My office handles quite a number of wrongful discharge claims. Feel free to call or e-mail me to discus this case further. Thanks.
Re: Fired because I am HIV+
YOu would likely have a claim under Federal and Florida law. My office handles quite a number of wrongful discharge claims. Feel free to call or e-mail me to discus this case further. Thanks.
Re: Fired because I am HIV+
There is a specific state statute the helps you. My firm is perhaps the only firm in the state that has handled an HIV discrimination case under the statute. Please email me at [email protected] and we can discuss this further.
Best, Matthew
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