Legal Question in Employment Law in Florida
Termination from At-Will job
In Florida, do I have a cause of action for being terminated because my husband voted on an issue my employer disagreed with? I do not have an employment contract or union. I worked there for 16 years and my boss fired me when he found out my husband, a member of local government, voted against an issue my employer wanted passed. He said this in front of people in a meeting right before I was fired. Can I sue? Can my husband sue?
2 Answers from Attorneys
Re: Termination from At-Will job
Probably not, unfortunately, because while the employer's decision might have interfered with your First Amendment rights if you had been the voter in question, your husband being the voter likely does not make you protected. However, a potential "marital status" claim could possibly exist under the Florida Civil Rights Act, but my gut is that a Court would not recognize such a claim given the facts presented. If you'd like further advice, please feel free to contact me at (305) 755-9441.
Re: Termination from At-Will job
Your argument would be for wrongful discharge in violation of public policy. But it is an uphill battle to say the least, especially for an at-will employee in Florida.
I would need more facts before I could say for certain whether you have a good faith claim, and I would have to research case law to see what courts have done recently with similar claims. I try to help law guru folks for free, but that is something involving significant work for which I would have to charge a retainer.
If you are interested in obtaining an opinion on the case, please feel free to call. I can do the consultation and research for $500. If, after that, you want to file suit or take other action (such as sending a demand letter to the employer), we could work out a further fee agreement that hopefully would not be too burdensome for you.
In any case, definitely file for unemployment and good luck with your job search.
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.
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