Legal Question in Civil Litigation in Florida
My mom's birthday just passed and it was probably her worst birthday in years. As a single mom, she works hard for my brother and I. She has been a nurse for 25 years and a damn good one at that. Recently, she was fired from her job as an ER nurse. We live in Florida which is a right to work (read:slave) state, so apparently you can be fired for no reason. She was fired in a very unprofessional and insidious manner, lied to by her employer and teamed up against by multiple levels of good-old boy management. The hospital lied to unemployment, citing their reason for termination as insubordination, endangering a patient and a laundry list of other allegations. I know that my mom would never do those things. She is devastated and I have never seen her like this. She questioned a doctor's order and she stood up for the patient and what she believed was right. The doctors and administrators didn' t like this and wiped her out. What's more is that on her way home from being fired by the hospital, she was rear ended out of nowhere while stopped at a red light. Her vehicle is totaled and her shoulder is damaged. Now my poor mother is out of a job, denied unemployment, out a vehicle and physically unfit to apply for a new job. I can't believe this is happening in front of my eyes. Between insurance companies and unemployment agencies and lawyers, my mom is being jerked around and milked. This screams injustice. I am horrified watching firsthand my mother pushed to the brink of losing everything. What a great nation to persecute someone and destroy a middle class life all because she stood up for what is right.
2 Answers from Attorneys
There is such a thing as wrongful termination even in "at-will" states like Florida. (You used the term "right-to-work", but that's a different issue. In a right-to-work state, employees can't be required to join unions.) I don't know about Florida, but in most states certain types of retaliatory firing are illegal.
Your mother should consult with a local employment attorney to see if she has a viable claim. She should also ask a lawyer about her rights to unemployment compensation. (Note that these are two different areas of law and she may need to consult with multiple lawyers.)
Yes, it is true, Florida is an at-will state. As such the employer may fire its employee for almost any reasons, except on those protected grounds. (e.g. discrimination, etc). However, should your Mother have been under contract, there may be a requirement of good cause prior to firing. Should the termination be wrongful under the contract, litigation may be pursued against the hospital for breach of contract (wrongful termination).
Irrespective of the above, she may be eligible to get unemployment compensation. Such will provide her means of income until further employment is obtained.
As it relates to being rear ended. Your mother may be able to get compensation for her injuries. The worries of dealing with the insurance companies, unemployment agencies and lawyers are diverted when she as an attorney.
To discuss more and for a free consultation as to the specifics of her case, you may contact The levers Law Firm at 561-721-6200
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