Legal Question in Employment Law in Florida

Unlawful Termination

I became ill and had to have surgery. Because of the problem my surgery was moved up a week. My husband contacted his supervisor and told him that he now needed 2 different days off. He was told ok he would call one person to fill in one day and my husband was to contact the other person for the other day. My husband had been contacted to this persons work voicemail and he left the message that if they could not relieve him to contact their supervisors voicemail. Five minutes before I was wheeled into surgery I was in preop,a coworker of the relief person called my husband and said if you pay her money on the side she will relieve you. My husband said no and hung up. Because this person never showed up to relieve my husband and never contacted the supervisor to say they weren't my husband was fired. Does he have case against them? Also they tried to get him to give them a 2 weeks notice which he refused. Then the HR dept contacted him and said we will pay you 2 weeks and your bonus you would have earned if you give us a notice. Being I was going to be out for 6 weeks unpaid he agreed. Does he have a case against his company?


Asked on 7/25/03, 11:36 am

1 Answer from Attorneys
Keith Stern Shavitz Law Group

Re: Unlawful Termination

He may or he may not, but I would guess no--because the length of time HE needed off may be insufficient to qualify for protection under the FMLA. What, however, is he seeking--his job back? If so, even though he may not have a winnable lawsuit, we may still be able to press his former employer to reinstate his employment or face litigation.

Please advise.

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Answered on 7/25/03, 11:42 am


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