Legal Question in Employment Law in Florida

Re: employment

There could be violations of ERISA, FMLA, the Florida Civil Rights Act and/or the Americans with Disabilities Act. You should consult with an attorney about these issues. My office specializes in these types of issues and can give a free consultation.

Re: employment

There are many issues raised by this scenario. A person usually cannot be fired because of a disability. Whether or not a condition rises to the level of a disability is an issue courts have been struggling with for years. In many recent cases, the issue has been decided in favor of the company. There are also several defenses available to employers even if your condition is deemed a disability. Accordingly, there are many more questions raised by your scenario than answers.

Re: employment

If you work for an employer that has 50 or more employees, the FMLA provides for 12 weeks of leave for a serious health condition, after which time the law may not protect you beyond the 12th week. It is a fact specific inquiry, however, so you should consult a lawyer right away to learn what rights you may have, including whether your employer interfered with medical leave required by the FMLA and/or retaliated against you for exercising those rights.