Legal Question in Employment Law in Florida

Can I sue to get my job back?

I worked for a corp.for over 4 years.The last year I used all my FMLA on a leave for depression/bipolar diag. When I returnd to work I worked for 6 mos.on reduced sched. After 6 mos. it was determined by the mngmt that they didn't have to allow me to work on a reduced schedule.They did a ''90 day job search'' to see if there were other jobs in the company to suit my needs, but there weren't any. So I was told I had to take a leave of absence(unpaid)or come back to work full time. I chose to come back full time. I was out of FMLA,and any further absences would result in my being terminated. Things got too stressful for me, I took off time by lying & saying a family member died. It was a matter of losing my job or going off the deep end, so with my back against the wall I lied. The mngmt noticed many deaths in my family & asked for proof. To make matters worse, I gave them bogus names of the deceased. They researched this info and said ''the info you gave us conficts with our research.'' My union rep told me it best for me to resign, since I was going to be fired. So I resigned. My question is, is there any grounds for me to get my job back in a law suit based on what I've told you? I resigned from this job on Sept. 23 2002.


Asked on 7/18/03, 4:56 pm

1 Answer from Attorneys
Keith Stern Shavitz Law Group

Re: Can I sue to get my job back?

In my opinion, your affirmative lies constitue just cause for your termination--not because I think its necessarily fair, but because its what the law provides.

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Answered on 7/18/03, 4:59 pm


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