Legal Question in Employment Law in Florida
wrongful discharge
i was injured on the job and had back surgory.i returned to work in janurary of 99 on light duty.i still was having some pain in back and leg so i had another mri,the dr said nothing else he could do.w/c
sent me to another dr for a second apinion,he basicly said the same thing and put me at mmi with 10% disability.when i told my boss he said don`t worry you`ll always have a job even if we have to make one for you(theres an employee in orlando they did this for).one week latter after 9 months on light duty and
12 yrs. with company they fired me. anything i can do
1 Answer from Attorneys
Re: wrongful discharge
Several possibilites come to mind, all with very difficult burdens of proof.
1. Were you treated differently than the other employee because of a forbidden reason..race, sex, age etc? If so, a claim under the appproriate discrimination law would be appropriate. You have 300 days to start the process with a charge filed with the eeoc.
2. Were you capable of performing the major functions of your job despite your injury or could you do so with an accomodation? Did you suggest this to your boss?
3. If you were fired because of your disability it is unlawful, but inability to perform your duties is a legitimate rreason.
4. Firing someone because they have filed a workers comp claim is unlawful, and difficult to prove. The company kept you on for a long time so that will be difficult to prove.
5. Promises of work forever or until you die are usually too indefinite to be enforced. Did the boss use the word "always" or some other?
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