Legal Question in Employment Law in Florida
Constructive termination
I recently became ill.(Depression and anxiety) I went out on short term disability, which was cancelled by the employer's medical insurance. My Doctor would not let me return to work. HR told me that I was now on an FMLA and my leave was due to expire. My doctor said I was no longer capable of working the graveyard shift. HR said there was nothing I could do since I was salary. I then voluntarily quit and was denied my unemployement benefits. I was employed for the same company for over 15 years. I was wondering if this was a reference for ''constructive termination?'' There is a redesign going on for the salaried personel, and near the end my position, it became so unbearable that I became severely depressed. I am wondering if this was because no severence package would have to be paid?
2 Answers from Attorneys
Re: Constructive termination
The facts presented don't appear to reflect a constructive discharge, they appear to reflect a voluntary resignation. However, there could be a potential FMLA problem in your case, but its hard to say for sure at this point. If you'd like further assistance, please feel free to contact me at (305) 755-9441.
Re: Constructive termination
Constructive discharge is a very difficult case to make here. Basically, you must show that the employer's actions were wrongful and left you no choice but to quit. You might argue that the employer had an obligation to accommodate you but failed to do so, and thus you had to quit because you could not work the late shift. But such an argument, under the Americans with Disabilities Act or state law, is complicated and might not help since you said you could not work the shift. Thus, there is no accommodation which would allow you to do your job.
Nevertheless, you should appeal the unemployment denial. You can argue that you were forced out by the failure to accommodate your medical situation. Bear in mind that you must be able and willing to work, and seeking employment, in order to get unemployment insurance.
By the way, the fact that you were salaried is irrelevant. The company's obligations to accommodate are the same for hourly and salaried employees.
I also doubt that severance was an issue. Rather, the company was just looking to terminate an employee who could no longer work. However, if the company terminated mostly employees with medical issues, then discrimination may be at play.
You can call the EEOC if you believe disability discrimination was a part of your treatment.
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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