I was terminated by an employer in the state of Florida because I had been injured in a car accident and after 5 weeks had not been released to full duty. I was employed with this company for 10 months, and was treated very badly during this time including a very sexist transfer. I would like to know if this is legal.
2007-04-26 14:49:57 · 7 answers · asked by devilswing1983 1 in Business & Finance ➔ Careers & Employment
Equal Employment Opportunity Commission (EEOC) is a federal commission in place for you rights:
You need to give this website as look: http://www.eeoc.gov/
Adverse Action
An adverse action is an action taken to try to keep someone from opposing a discriminatory practice, or from participating in an employment discrimination proceeding. Examples of adverse actions include:
employment actions such as termination, refusal to hire, and denial of promotion,
other actions affecting employment such as threats, unjustified negative evaluations, unjustified negative references, or increased surveillance, and
any other action such as an assault or unfounded civil or criminal charges that are likely to deter reasonable people from pursuing their rights.
Adverse actions do not include petty slights and annoyances, such as stray negative comments in an otherwise positive or neutral evaluation, "snubbing" a colleague, or negative comments that are justified by an employee's poor work performance or history.
Even if the prior protected activity alleged wrongdoing by a different employer, retaliatory adverse actions are unlawful. For example, it is unlawful for a worker's current employer to retaliate against him for pursuing an EEO charge against a former employer.
**Definitely follow up on this one, I think you may have a case to present. These folks are here for you to use.
2007-04-26 15:03:20 · answer #1 · answered by daff73 5 · 1⤊ 0⤋
Not sure just what you mean about the sexist transfer - an employer is not allowed to treat people differently because of their gender.
The termination would be legal, though. Pretty much all states are what's called employment at will, which means that an employer can terminate an employee for any reason or no reason, as long as it isn't because of their membership in a protected class (something like gender or race).
There is a federal law, Family Medical Leave Act (FMLA) that can protect people by guaranteeing up to 12 weeks (unpaid) leave for medical emergencies for themselves or family members. This would override the employment at will. But among other rules, you have to be employed by that employer for at least 12 months to qualify, so you wouldn't be covered by that.
I hope you're recovered now from your accident, and are well on your way to having a much better job....
2007-04-26 15:04:37 · answer #2 · answered by Judy 7 · 1⤊ 0⤋
Get an attorney that specializes in employee related issues. I cannot answer because each state has laws.
2007-04-26 14:59:32 · answer #3 · answered by Jan C 7 · 1⤊ 0⤋
I'm no attorney, but it might do you some good to try to get a free consultation with one,
I hope you can sue them, sounds like they really screwed you.
2007-04-26 15:00:42 · answer #4 · answered by mburleigh8 5 · 1⤊ 0⤋
um...no. I'd look into an investigation. It sounds to me like your former employer violated equal opportunity
2007-04-26 14:55:50 · answer #5 · answered by masta blasta 2 · 2⤊ 1⤋
sounds legal (except for that transfer thing)
2007-04-26 14:55:41 · answer #6 · answered by Jo Blo 6 · 0⤊ 1⤋
yes, you should quit....
2007-04-26 14:57:37 · answer #7 · answered by beni1806 1 · 0⤊ 1⤋