Legal Question in Employment Law in Florida

Re: Discrimination

I'm sorry to hear about the accident. I hope your brother-in-law recovers quickly and fully.

There are several possible claims he can make. First, he might have a breach of contract claim if he earned vacation and sick leave but the company refused to let him use it. Second, he may have a discrimination claim if he falls under a protected category (race, sex, age, religion, national origin) and other people outside that category, but in the same job with the same supervisor, were not fired under similar circumstances. Last, if both he and the company come under the FMLA, then this is probably a violation of that law.

If his injuries are serious (I hope not), then he might have an Amedicans with Disabilotied Act claim as well.

I would need more info from him to know whether he has a claim. If he wants to contact me, I can advise him on what he can do if he does have a claim. He may be able to proceed without a lawyer. However, the FMLA claim is probably his best bet(if he and the company are under the FMLA), and for that it would probably be best to have a lawyer negotiate for him. Even with that claim, though, he can file a free claim with the US DOL without a lawyer.

Have him email me with a phone number if he wants, and I will call.

Good luck to him.

jeff Sheldon

The Sheldon Law Firm

[email protected]

Caveat: This is general advice only and should not be relied upon as legal advice because all facts and circumstances are not known to the author.