Legal Question in Employment Law in Florida

I began working as a medical assistant in 2/10, I began to have several medical problems including a pneumonia and a recurrent tonsilitis that put me in the ICU the first time. I have always provided doctor's notes after every medical absence and I recently came down with the tonsilittis again. I was told to stay home from work for 3 days until my voice returned and the medication could take effect. I was called in today and told that I was given the option of resigning or being terminated without an option of rehire. I live in the state of Florida. Is there anything that I can do? I have missed other days for car trouble and some personal issues, but a majority of my days that I missed were all from my medical conditions. I chose the termination so that I could get unemployment, but is what they are doing even legal?

Asked on 9/02/10, 8:51 pm

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

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An employer need not keep an employee who is chonically absent. You may have FMLA rights, but that would depend on the number of employees.

Answered on 9/12/10, 12:12 pm

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