Legal Question in Employment Law in Florida
Fired up
A fellow employee made a complaint that I was making them uncomfortable by asking them for illegal substances. I was then pulled away from my desk and told I was fired for this complaint effective immediately and a cab was already called, given a letter and walked back to my desk to clear it. I wasn't given proof, an investigation, or drug test. I would of past because I don't do drugs. Can they do this? fire me without proof or investigate into the allegation or even giving me a drug test to prove anything?
1 Answer from Attorneys
Re: Fired up
In Florida, you can be terminated with our without any reason, or notice, so long as it is not motivated by any of the discriminatory reasons prohibited by law, such as, for example, sex, race, age, disability, religion, etc... So, typically, unless you have been discriminated against, you wouldn't have a claim for being terminated with or without a reason, regardless of whether it is a wrong reason like the one you have been given. However, if there is a contract provision creating rights or procedures for termination, such as in an employment agreement, a collective bargaining agreement through a union or simply in an employee manual or handbook, you may have some rights to something, depending upon what it says. Additionally, sometimes government employees also have certain rights.
However, getting fired for misconduct (whether true or not) also impacts other rights that you may have, such as a right to collect unempoyment compensation, and for this reason, it is sometimes advisable to set the record straight. If you wish to discuss this further, my firm provides online consultations for a very reasonable fee. If interested, you can send us an e-mail to [email protected]