Legal Question in Employment Law in Florida

Wrongful Termination / Discrimination

I've been the Assistant Manager of a Private Restaurant for the past 4 years. On October 28, 2006, I was involved in a physical altercation with a cook whom I've had several previous problems with. The cook is an illegal Mexican & resides in a house owned by the company I worked for with several other illegals working that work there as part of a trade for helping them cross the border illegally. Police were called for the battery on me, but I waived charges under the agreement from my superiors that the cook would be terminated and kicked out of the ''Mexico House''. Come to find out, they really only moved him to one of their other locations, (no suspension, no termination) for about 10 days, to which they then fired me due to what they claim as ''economic uncertainties'', and brought the cook who hit me back to the restaurant in question to ressume work there, the following day after my release. I've got a police report, witnesses, and pictures of a black eye as evidence. I was given one weeks severance pay which I accepted, but was also asked to sign a 2-page letter, releasing my former company from all wrong-doings or further legal actions, which I DID NOT sign. Do I have a case?


Asked on 1/15/07, 10:09 pm

1 Answer from Attorneys
Mayra Colon Colon Partners, P.A.

Re: Wrongful Termination / Discrimination

It depends against whom, and for what, and what are you looking for. Your employer may be liable for negligent hiring and retention if, to pu it simply, they basically knew this worker had a history of battery. But you would need to look at the details for that. If you want to discuss this further, our lawfirm provides consultations via the Internet with a Board Certified Labor and employment lawyer for a very reasonable fee. If interested, send us an email to [email protected].

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Answered on 1/17/07, 8:36 am


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