Legal Question in Employment Law in Florida

My wife was employed full time at a doctor's office. We were having a baby and she put in a maternity leave request which was approved. In the request, she asked that she be allowed to become a part time employee upon her return to work. Her boss said they would discuss it closer to her return to work date. She was supposed to return to work on June 30, 2014. About a week and a half prior to that, she sent an email to see when she and her boss could meet to discuss it. He didn't answer. She then called him one week before and still no answer. She called many times, but no answer. Finally she called the Office Manager who told her she does not make personnel decision. The Office Manager called the boss and was told that he will call my wife directly. We waited and no answer. She called his partner and he answered, but stated that she would have to talk to the other boss as he makes the personnel decisions. He also stated they were in Brazil for the World Cup. He finally called her back to say that he would call her on Monday 7/28 to tell her what to do. He didn't call on Monday. She called on Tuesday and no answer. Up until this moment, he has not answered or even officially told her he doesn't want her back. Do we have any grounds to recoup lost wages? At the very least, she could have applied for Unemployment while looking for another job; however he kept her in limbo (I guess technically she still is in limbo, but we have given up on that job).


Asked on 8/08/14, 6:34 pm

1 Answer from Attorneys
Scott Behren Behren Law Firm

Yes I would file for unemployment. How many employees worked at the doctors office? She might want to file a charge with the EEOC or one of the local civil rights agencies. Feel free to call or e-mail me if you wish to discuss further.

Scott Behren

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Answered on 8/10/14, 2:53 pm


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