Legal Question in Employment Law in Florida
Wrongful termination due to pregnancy
I worked for a company approximately 7 months. The day after christmas I was involved in a car accident on my way to work. Due to already having previous back injuries and the auto accident making it worse I was told by my back specilast that I needed back surgery. We scheduled the surgery and he wrote a letter for my employer releasing me from work pending my scheduled surgery date. A few days prior to the surgery I found out that I was pregnant. After seeing my doctor I was told that because of my back situation that he did not want me to return to work until the baby was born and my back surgery was complete. He gave me additional documentation to give to my work. I spoke with my employers benefits liasion and made him aware of the new situation, he told me that he would speak to our corporate office regarding my situation and get back to me. He called me back several days later and told me that I had to give my resignation. They also cancelled my family's medical insurance right away. Can they do this? Is this considered wrongful termination?
2 Answers from Attorneys
Re: Wrongful termination due to pregnancy
Depends on a lot of things including the size of your former employer. If you wish, you can call me to discuss in further detail.
(954) 385-5433
Re: Wrongful termination due to pregnancy
You are not protected by the FMLA so the only potential claims are for pregnancy discriminaiton and disability discrimination. The latter is very difficult to win, especially as it sounds like your impairments are probably temporary. Such conditions are not protected by the ADA. The pregnancy issue may be your best claim. I doubt that the employer fires everyone who has other types of illnesses that result in the need for long term leave, so you may have been treated in a discriminatory fashion. I would need more info before I could advise.
Feel free to call or email. If you want to bring a claim, you must do so with either the EEOC or a state or local human rights office. There are time limits, so do not delay. You do not need an attorney and it's free to file a claim. If you want to hire an attorney to help anyway, and possibly to negotiate with the employer, be sure to know what it will cost you. These cases are difficult to win so you do not want to spend money wihout good reason.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
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