Legal Question in Employment Law in Florida
Discrimination - Female
If there is no statute in the State of Florida for Wrongful Termination, why do so many attorneys advertise this in the yellow pages?
Hire date 2/03. Termination Date: 11-26-03. Promoted to management 4 mos. after hire. 3 days prior to the transisiton, was told by the President of the company that I couldn't be in that position b-cuz I am a single mom. Position offered to a 25 yr. old single man. Later he was arrested and I was given the position. He returned on work release and I was demoted to Supervisor. I was demoted b-cuz I asked for a few hours in the morning to take care of the health care needs of my child. I was terminated via voice mail on 11-26-03. I have concrete evidence that his pay was 3X the amount of my pay when I was in that position. WHAT SHOULD I DO?
2 Answers from Attorneys
Re: Discrimination - Female
You are correct that there is no specific cause of action for "wronful termination" in Florida and frankly, in my experience, very few--if any--attorneys who specialize exclusively in representing plaintiff's in these types of disputes actually advertise in the yellow pages. Nonetheless, if an employer takes an adverse employment action against someone (firing, demotion, etc) because of a characteristic that is specifically protected by statute---age, race, gender/sex, disability, national origin . . . marital status in Florida--then the employer has likely violated the law. It sounds to me that in your case, your employer may have treated you differently because of your gender/sex (female) and/or your marital status. Therefore, you need to take action to attempt to remedy this situation. Please feel free to contact me (305) 755-9441 for further assistance and be sure to act swiftly regardless of whom you decide to contact.
Re: Discrimination - Female
Wrongful discharge is a cause of action that covers many illegal actions by employers. It is a creature of caselaw, meaning that the courts have developed it overtime, rather than it being the function of a single statute. The statutes themselves cover specific areas of illegal conduct such as race, age, sex and religious discrimination.
In your case, the facts as you outline them indicate that you may have been discriminated against based on your gender more than once. You can do three basic things, or a combination of them. You can write a demand letter to the employer yourself, outlining the discrimination and demanding compensation (and/or your job) in return for not suing. You can file a complaint of sex discrimination with the EEOC. It is a free process and if you have a legitimate case they will investigate for you. Or you can hire an attorney to help with the above and eventually sue if necessary.
In any case, there are time limits involved adn you must file with the EEOC before you can go to court.
Feel free to call this weekend or at your convenience for a complimentary consultation to review the matter and decide how to proceed.
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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