Legal Question in Employment Law in Florida

Pregnant resigning without notice dr.advised unsafe environment

My daughter is 7 weeks pregnant and works in a pet store. Her Obstetrician advised her that working there was not a good environment for her or her baby - he faxed a letter to her employer regarding this. She worked her shift Monday so as not to leave them stranded but said she would not be back. She gets paid either $6.50 hr or commission from her sales whichever is greater within the same time frame. They told her if she does not give 2 week notice they will withhold her commission check and only pay her minimum wage. The owner has continued to harass by repeatedly asking her to stay even longer to cover someones vacation. Can they do this - what should we do? She is very upset. Thank you for your help.


Asked on 10/17/06, 12:17 pm

1 Answer from Attorneys
Keith Stern Shavitz Law Group

Re: Pregnant resigning without notice dr.advised unsafe environment

If the ER has under 50 employees, then there is no right to Family and Medical Leave if such leave were to be necessary at this time. If, however, they have at least 15 employees, then the law would only prohibit the employer from treating her differently because of her pregnancy, but it would not require that she be given special or preferential treatment.

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Answered on 10/17/06, 11:13 pm


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