Legal Question in Employment Law in Florida

Wrongful Termination

Do I have a case?

I was terminated from my job on Monday. Mind you, I had left sick and faxed a note to the office from my Doctor excusing me from the present day and the following as well. Upon recipet of the notice my supervisor called me and terminated me saying that he had done my 90 day review, a month late, and concluded that my position shouln't be extended. I asked him for a reason and he danced around with out giving me a solid answer. However, I was able to get from him that I wasn't performing up to standard and that I had excessive absences. I happen to have docmuntetion for each day I was out from wotk, in fact, they were preapproved by the COO, my supervisor and myself. I have copies of each request as well as documented Dr's approval notes. Needless to say, I never missed a day of work that wasn't documented. Moreover, as for the performance, I have hit goal and in most cases exceeded goal every month I was with the firm. This information is again documented on the sales sheets which the company prints on a weekly basis. Given this information i feel that i have been wronfully terminated from my position and I would like to seek damages. What is my next step? Do I have a leg to stand on???


Asked on 12/04/02, 12:26 pm

1 Answer from Attorneys
Keith Stern Shavitz Law Group

Re: Wrongful Termination

First, you should understand that there is no recongized legal claim in Florida for "wrongful termination." Second, if you worked for this employer for only 90-120 days, then you are not covered by the Family and Medical Leave Act, which basically requires 1 year of employment before an employer is required to give you medical leave. Third, because you were not covered by the FMLA, if your absence from work was not because of a permanent disability, then your employer was, legally, free to terminate your employment as they did. In Florida, the law is at-will, meaning that your employer can fire you at will, for a good reason, bad reason, or no reason at all.

Sorry that I don't have better news to communicate but employee rights are pretty bare under these circumatances.

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Answered on 12/04/02, 12:34 pm


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