Can I be fired legally?

Question

I live in Florida Have been on my job 9 months I had to have surgery on Dec 18th the Dr. took me out of work for 2 weeks My job called today Dec.28th and are trying to fire me if I dont come back to work tomorrow is this legal???I gave them Notice before the surgery and have The Dr.'s note What can I do???

Answer 1

most likely you're an "at will" employee (vs. contract employee, for example). This means they can fire you whenever, for whatever. However, there may be other illegal reasons for firing you, say for like their fear of paying you disability, worker's comp, etc. This may or may not be a factor in your case. You should seek a free consultation with an attorney. If you can, make sure you know your facts and maybe bring in an employee handbook (if they gave you one) that outlines their procedures and your rights for disability (if that is a factor). Just a little info. Gave it my best shot..but don't think suing someone is a lottery ticket, because 99% it's not.

Answer 2

Contact the Labor board in your area, explain to them the situation and someone there should be able to help you or refer you to some help. If you have a Union, contact them for assistance. I would even look into an attorney, one that deals with labor related issues, you can find one that best suits your needs by contacting the Florida Bar Association. The people there will be happy to assist you. Consultations are usually free with attorneys, but they are law savvy and can tell you where you stand legally in your state regarding employment issues. Good luck to you and sorry you have been made to feel threatened. That's horrible, trying to recover from surgery and now having to worry about keeping your job.

Answer 3

A lot of this will depend on the employer. If it's a large employer, they most likely have a handbook with guidelines for this, and the parameters in which you need to operate. As long as you are within the guidelines, you should be able to have the Employment Development Department for your state intervene.

On the other hand, like another answerer said, if you don't have to have this particular job, it might be best to submit a resignation rather than get fired. It probably wouldn't be the most pleasant place to return to if there is residual hostility.

Answer 4

Consult an attorney that knows the labor laws in Florida. If I was the employer and had you on the job for only nine months and then you were out for an extended period of time, whatever the reason, I would not want to keep you either. You are showing that you can not be relied upon and that you are not that interested in the position.

Answer 5

wow, they can't wait a few more days till you are back to work?

I think that is wrong, you gave them notice and you have a doctors note. I'd suggest talking to a labor board about that.

Then again, why would you want to continue working for a company that wants you back to work Friday instead of waiting till you come back to work on Monday?

Thoughts:
Well, how is your recovery going? Are you still out of sorts? If you are feeling better, you could talk to the doctor to see if you can go back to work Friday. If anything, have him list restrictions on you (no lifting over 5 lbs, no bending over, etc), then go to work, hand them the list of restrictions, and have fun doing not much while following your boss's order to come into work that day. Basically make him wish he let you have the full two weeks, now he has to pay you for the time you are there.

Answer 6

Of course I dont know how much you need the job, but if you have any flexibility I wouldn't even go back to work for people like that. As for the legalities, I just don't know. See if you can get a call in to the local or state Labor Relations Board in your area or state and get a quick opinion.

Answer 7

Here's my first ? is your state what is called an "at will" employment state? If so they dont have to grant you a reason for termination. In Michigan we are at will employers which mean we can dismiss you at our own will, when we choose no reason for you. Suck don't it? Also are you contracted with them hourly, salary, what are the terms of your employment upon hiring, you can and should call a lawyer but dont make a mountain out of a mole hill, none of us like being unemployed but dont tarnish your professional reputation because of these people suck it up, you dont want to be held back professionally because of your inability to forget and not necessarily forgive

Answer 8

Call the Dept of Labor near you, should be a 800 number and ask them or Job Services may can help also (where you would file for unemployment benefits). It varies on jobs and on states laws of hiring and firing.

Answer 9

sounds like there are some issues there or various of them. i comprehend with the aid of journey that when you bypass and be conscious for a job you fill out an application. each and every so often on the back there's a disclosure that if employed they my terminate "with out merely reason" due extremely some motives... yet with out merely reason certainly ability that they do no longer ought to furnish a reason. in spite of the undeniable fact that.... no count if it relatively is medically on the subject count of appts and the wreck day became because of the fact of scientific.. and a termination occurred there could be a reason of no longer finding merely reason in this count... a good legal professional might want to be sure.. yet despite in case you probably did win your lawsuit might you certainly need to artwork with the comparable corporation after that?.. i does no longer.. take care....with the aid of the way with the job journey she probable has... merely bear in mind that jobs are a dime a dozen...

Answer 10

I don't understand why people think they have a right to keep a certain job. Except in certain circumstances, an employer has broad latitude to hire and fire as they see fit. If they don't want you around anymore why in the world would you want to stay?