Legal Question in Employment Law in Florida

Wrongful termination

I was out on medicalleave was employed 4 months. Company gave permission for me to take leave 6-8 weeks to PA. I spoke to them once a week or once every two weeks to update them on my condition.Complications occured and they were notified immediately it would add another 2-4 weeks on,they said no problem your health is more important take as much time as you need. I spoke to them for 1 1/2 hours on a thursdayu pdated them about appointment I had the day before, I appointment again in 4 days.I felt as if I would lose my job so told my doctor I was returning to Fl. I did not call employer until I knew for sure when I would return. I finally got airfare Tue 7 pm and faxed them at 9:30 pm. Flew out the next morning Wed and returned to work Thur and they said they were terminating me for being unprofessional and not calling Mon after appointment and waiting until Tue at 9:30 to notify them. I returned 5 weeks ahead of time only to have them fire me. Can I file suite, as I have never been terminated and to be terminated for such a reason, which is not legitimate.


Asked on 6/12/02, 6:54 pm

1 Answer from Attorneys
Keith Stern Shavitz Law Group

Re: Wrongful termination

Assuming that your employer has 50 or more employees, at either 1 jobsite or at multiple job sites located within 75 miles of each other, the Family and Medical Leave Act would apply to them. However, in order to be covered by the Act, you must have been employed for at least 1 year in order to be eligible for leave. In that event, your employer is required to allow you to take up to twelve (12) weeks of leave for a family and/or medical situation.

From the facts you have provided, it is unclear whether you and/or your employer were covered by the Act, and whether there may be a potential violation. Please provide additional information and/or contact my office at (305) 810-2887 to speak with me directly.

Thank you.

Read more
Answered on 6/14/02, 10:45 am


Related Questions & Answers

More Labor and Employment Law questions and answers in Florida