Legal Question in Employment Law in Florida

I asked to talk to my boss in private he said he would not tell anybody what I said I was informed him on how other employees of his were acting and how their work related duties were all done lazily and wrong.i told him that they sleep on the job and they make me do the work.then he went and told them what I said and now they are all trying to get me fired.what do I do?

Jacksonville,fl duval county


Asked on 12/06/11, 9:22 pm

1 Answer from Attorneys

Jennifer Cintron Kolb, Cintron & Associates

The situation is unfortunate. Florida is known as a right to work state. This essentially means that you may be terminated for any or no reason at all. In order for your complaints to your boss to have been protected, your complaints would have had to have been about the company engaging in some kind of unlawful conduct. If as a result of those complaints, you were then retaliated against, then that could give rise to a legal remedy. In your situation, however, it appears your complaints to your supervisor, while perhaps valid, did not pertain to any unlawful conduct engaged in by anyone at the company, as contemplated by Florida's or Federal retaliation statutes, and it does not appear from the facts you provided that any other of your employee rights were violated.

In terms of any breaches of confidentiality, your employer has an obligation to keep certain records confidential, such as medical records, I-9 forms, investigation records and background check records. Not all records and conversations qualify for such protection, and unfortunately, it does not appear that any unlawful breach of confidentiality has taken place based just on the question you've written.

What do you do in such situations? That's difficult to answer. You may review your employment manual to see what, if any, employment policies your boss has broken in dealing with your complaint and use the grievance procedure to complain about it. You may consider trying to clear the air by discussing the situation with your boss or co-workers directly. You may opt to simply see if the situation passes in time or perhaps ask to be transferred to a different department. There are several possibilities that may or may not be right for you, and without truly exploring your particular situation, it's difficult to say. Whatever you choose to do, keep in mind that any one of the options can lead to adverse consequences for which there may not be a legal remedy.

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Answered on 12/07/11, 2:46 am


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