Legal Question in Discrimination Law in Florida
I was fired
hello. I was fired this past march from my job of 8.5 years. My situation started in July 08. I was home on workmans comp due to torn acl. During this time I was going through a divorce where I found out that my wife was having an affair. I have been married 19.5 years. I ended up goin out with a neighbor and having a few drinks. This was the first time that I had been out in 15 years. I ended up getting in a confrontation where I was arrest for aggrevated assult. I did not call work about the situation but I was going to once I returned to work. In January I plead guilty and received 30days jail, 18 months of probation and a withheld of ajudication. While I was in jail my soon to be ex-wife called my work and let them know I was in jail. I did my time and about a month later I returned to work. I was let go because of the arrest. My question is, I found out that there are two people at my job who commited aggr battery on their wifes and still have a job. Is this fair?
3 Answers from Attorneys
Re: I was fired
You may have a clam for wrongful discharge based upon your w/c claim. My office handles many of these types of claim. Feel free to call or e-mail me about same. Thanks.
Scott Behren
Re: I was fired
No, that is not fair. But is it legal? Yes. You employer is entitled to retain and terminate employees for cause, which might well be a convication.
Re: I was fired
In Florida, one can be fired for NO reason or ANY reason so long as the reason is not discriminatory (based on sex, religion, age, etc) UNLESS one has a contract with the employer stating the terms of employment and any self-imposed procedures for termination. If you do not have an individual employment contract with the employer, look to any employee handbooks, manuals, or written policies as these are actually contractual terms of your employment.
Criminal behavior and charges (whether at work or not) are not discriminatory reasons for terminating employment. If you do not have a contract for your employment, OR if the employer has not violated any of the contractual terms of your employment, I think you are out of luck.
Whether or not the employer has other employees who have criminal history is irrelevant to your case. The employer can fire anyone for any reason (absent discrimination or violation of contract terms, as stated above).
If you think you fall into one of the exceptions, please have an attorney review your case. You can likely obtain a free consultation.
I wish you the best of luck in your job search. Sarah.
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