Legal Question in Employment Law in Florida
Fired after injury
I was injured after a fall at work on Dec. 27th, and received an abrasion on my head. On Jan 4th, I fell at home and caused further injury to my head. I hit the same spot and had to be taken to the ER and received stitches. My employer is giving me a hard time about coming back to work, stating that the paperwork from the ER is not sufficient for my three missed days of work. My eye is closed due to swelling, and I couldn't possibly work in this condition. Does my employer have any right to terminate me for missed days?
1 Answer from Attorneys
Re: Fired after injury
If your employer has 50 or more employees, then you are protected by the Family and Medical Leave Act (FMLA). Let your employer know that you are using FMLA leave.
If not, then you may not have any legal protection. The employer cannot fire you in retaliation for filing a workers' comp. claim, but they can fire you for missing work. Of course, if you have available sick leave, you should use it and argue that you should not be fired just for using an available benefit.
You could also consider taking vacation time if you have any accrued vacation.
As for the paperwork, you do not say why it is insufficient. If there is something else the employer wants, then try to provide it. But if they are hassling you whereas they do not hassle others, perhaps there is retaliation or some type of discrimination or unfair treatment at play.
Feel free to call for a complimentary consultation if you want to review your rights further.
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.