Legal Question in Employment Law in Florida
Wrongful dismissal when you complain to the boss?
Owner of home health agency released me when I complained to him that his Medicaid billing procedures were illegal. He said there wasn't enough business to justify my position. He then turned around and hired another full time nurse in the office. He now has the same number of Administrative employees in that office. Can he do this legally?
2 Answers from Attorneys
Re: Wrongful dismissal when you complain to the boss?
Unless you had a written employment contract he can discharge you for no reason as long as there is no discrimination. Have you reported him to Medicaid?
Re: Wrongful dismissal when you complain to the boss?
Florida Statutes Section 448.102 Prohibitions.--provides that "An employer may not take any retaliatory personnel action against an employee because the employee has:
(1) Disclosed, or threatened to disclose, to any appropriate governmental agency, under oath, in writing, an activity, policy, or practice of the employer that is in violation of a law, rule, or regulation. However, this subsection does not apply unless the employee has, in writing, brought the activity, policy, or practice to the attention of a supervisor or the employer and has afforded the employer a reasonable opportunity to correct the activity, policy, or practice."
Accordingly, the termination of your employment may have been illegal depending on what you told him/her and whether you made any complaint to him in writing.
Please contact me at (305) 810-2887 for further assistance.
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