Legal Question in Employment Law in Florida
My employer changed my employment status retroactively and discontinued benefits retroactively. Do I have any legal recourse?
I worked full-time for this company and its predecessor for 8 years. My status as a full-time employee, with benefits, was terminated effective 3/20/09 without notice. My status was changed to PRN with no benefits. I was not notified of this adverse action until returning home from work the evening of 3/23/09 after I had already completed my duties of the day. Notification was in the form of an email to my home, dated 3/23/09 and time-stamped 1:08 p.m. The email stated it was a follow-up to previous emails and phone attempts notifying me of the changes. I never received any emails or other forms of notification related to this action prior to the end of the day 3/23/09. The corporate office was copied on the email and I was concerned there would be negative repercussions if I addressed the issue. On 4/1/09, the corporate office emailed my direct supervisor a letter that was to serve as official notification of the changes that went into effect 3/20/09. My supervisor emailed it to me 4/6/09. The letter was undated. It stated my employment status would be changing effective 3/20/09, as though the action had not yet taken place. I have since resigned from the company and gone into private practice.
As part of my private practice, I seeking enrollment as a Medicaid waiver provider. Once enrolled as a provider, I will be in direct competition with my previous employer. An employment verification form is a necessary component of the application process. On 8/17/09, I submitted the employment verification form to the employer. As of this date (9/9/09) I have not received the requested form. I have contacted the company twice and was told they have the form but have been �too busy� to complete it. I believe it is a capricious and deliberate stall tactic to with my ability to work. Is there a reasonable time frame they must complete the form? Can they refuse to complete the form?
1 Answer from Attorneys
A former employer is not required to fill out forms that a future, prospective employer wants them to fill out. It does not need to waste its time filling out form for you. If it does, it is as a courtesy.
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