Legal Question in Employment Law in Florida

On April 29 I was placed on light duty at work due to pregnancy. My only restriction was a lifting restriction of 20lbs. I was doing housekeeping at the time. My employer called and advised me that due to being a Workman's Comp liability I could not report back to work and would have to go out on medical leave. After speaking with my dr, he advised me that I do not need to go out on medical leave because I am still able to work. After telling my employer this she advised me that unless my dr released me back to full duty I could not return to work. I filed for unemployment. My employer reported to unemployment that on May 15th I went out on maternity leave. My termination papers say that I was no longer with the company as of May 15th also. My unemployment case was put under review for six weeks until an adjudicator called and heard my side. They then found that I am available for work and granted me my unemployment. In the mean time on May 18th, after my termination date, I received an email from my employer stating that they may have a temporary office position available during the summer for a few weeks. I had just been on an interview a few days prior and was waiting to hear back if I was being offered the job or not. I called unemployment and asked if I was required to accept this temp position from my previous employer and they advised me I did not. After the temp position ended I would not have been eligible for unemployment, which is why they were offering it to me...after I was already terminated. I have been receiving my unemployment and now received an appeals letter stating that I refused a light duty position with my previous employer. My question is whether or not I can be denied unemployment for denying the temp position that they had offered me.


Asked on 8/10/10, 9:41 am

1 Answer from Attorneys
Sasha Sampaio The Sampaio Law Firm, PA

Hello. It sounds like you need an attorney to assist you with a possible claim for gender based discrimination. Pregnancy is a protected status meaning an employer cannot take adverse action (demotion, less hours, a different position, etc) against you because you were pregnant.

Of course, you will need to discuss all of the facts with the attorney you select to determine your rights.

You should also contact the EEOC and file a claim through their office. They will often assign an investigator to your case to determine what action needs to be taken. EEOC website: http://www.eeoc.gov/employees/charge.cfm

My Disclaimer: This information is general, and is NOT legal advice tailored to your situation. This information is not intended to create an attorney-client relationship with Sasha M. Sampaio or The Sampaio Law Firm, PA (http://www.sampaiolaw.com).

Please recognize that an attorney-client relationship would require at minimum, direct, personal contact between you and our firm through attorney Sasha Sampaio and would also require a written agreement that confirms that a relationship and its terms have been established. You may contact the firm for more information at [email protected].

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Answered on 8/15/10, 10:01 am


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