Legal Question in Disability Law in Florida
termination during 90 day probation
I was hired at a medical company. In January i was told i was doing a great job and to keep up the good work. a week later i discussed with my supervisor that i was diagnosed as moderately depressed and was placed on medication. None of which affected my job. A week later i was presented with a list of things i needed to correct, and given a week to correct them. there was no mention of termination if they were not fixed. I chose a few things and worked very hard during the next 2 weeks. on the friday that my rereview was supposed to happen, i was fired. They would not tell me why. I feel it was because of my depression because i was not given ample time to correct my mistake.
1 Answer from Attorneys
Re: termination during 90 day probation
Generally speaking, an employer may fire an employee, or an employee may quit, at any time, for any reason, with or without notice, regardless of probationary periods, if the employee is "at-will". Most employees do not have contracts (either personal or labor contracts), so they are at-will.
The exception is that a person may not be discharged for discriminatory reasons such as age, race, sex or disability. In this case, you appear to believe you were dicharged because of a psychological condition. You can therefore bring a charge against the company with the EEOC, the Florida Human Relations Commission or the county human rights commission where you worked.
The problem, though, is that your disability is probably not severe enough to be protected by law. You said it did not affect your work so it probably does not have the type of substantial impact on your life that is necessary to come under the law. Nevertheless, you can bring the complaint for free, explain the matter to the investigator and see what he or she thinks. if there is a legitimate claim, they will investigate for you.
Of course, you should also apply for unemployment. Be certain to explain that you had no problems until you disclosed the condition, did everything that was asked of you but still were fired, assuming that is accurate.
If you think you need an attorney to help, please call for a free consultation. I try to handle these type of cases for a small retainer.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
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