Legal Question in Employment Law in Florida
massage therapist terminated
i recently terminated a massage therapist for professional misconduct (RE: therapist discussing sexual matters while patient being massaged). Therapist was previously given written warning for a similar incident and was advised that any further incidents would lead to his immediate dismissal. if i receive a request for a recommendation from his new employer and i dont explain the reason for dismissal, will it subsequently void my right to protest a claim for unemployment benefits if one is made in the future by the therapist? also if everyone in the office was previously told by the therapist that he had fallen outside of the office and injured his shoulder a few months ago but went to the doctor last weekend, was diagnosed with tendonitis, and advised that it was a common injury for massage therapists, can the therapist now make a workers comp claim after being terminated?
2 Answers from Attorneys
Re: massage therapist terminated
You unemploymetn defense should not be affected. Feel free to call me about defense of the unemployment claim and the w/c issues.
Scott Behren
Re: massage therapist terminated
I cannot comment on the workers compensaton issue. However, I would not advise other prospective employers of why you let the employee go. This only leads to defamation lawsuits even if you end up winning. The standard now is that a former employer confirms the existence of the former employment, the dates of employment and the position and sometimes the salary. They decline to say anything else about the former employee.
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