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Are there laws protecting employees from retaliatory termination?
Miami, FL
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Posted about 1 month ago in Wrongful Termination
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I took a doctor ordered 30 day medical leave for depression and anxiety. The day I was granted leave my employer posted a job opening in my area for my position. Upon returning to my job 30 days later I was given a final written warning and given a target to hit by the 15th and 30th of the month to continue employment. After a few days of the month I was given an oral threat that I would be let go by the end of the week if they did not see the productivity desired. On the 12th of the month I was terminated. The written warning clearly states that I had till the 15th. The new position offered, the probation, and the threats were a result of my need to take medical leave. Did my former employer violate any labor laws?
Answers (3)
Kenneth Brian Schwartz
This attorney is licensed in Florida and 1 other state.
Posted about 1 month ago.
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Your description of the facts certainly sounds like unlawful retaliation. On the other hand, to be successful in court, you will have to have some evidence that what happened was "a result of my need to take medical leave" beyond mere coincidence of timing. You should contact an employment lawyer familiar with the Family Medical Leave Act (FMLA) to discuss this matter in detail.
Bonita M. Riggens
This attorney is licensed in Florida.
Posted about 1 month ago.
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If your employer has more than 50 employees within a 75 mile radius than you may have a remedy under the Family and Medical Leave Act (FMLA) . If not, you may still have a remedy under the Americans with Disabilities Act and/or the Florida Civil Rights Act for perceived or actual discrimination based upon your mental conditon. Seek and consultation with an employment law attorney asap because there are time limitations.
Also, make sure you apply for unemployment if you have not already done so. Bonnie Riggens Law Office of Bonita M. Riggens 669 1st Ave. N. St. Petersburg, FL 33701 Phone: 727-898-1401 Fax: 727-823-7351 Employment law representation: Contracts (Noncompete Agreements, Severance Negotiations), Defamation, Discrimination (Age, Disability, Gender, Pregnancy, National Origin, Race, Religion), Family and Medical Leave Act, Overtime Law. Privacy Law, Retaliation and Whistleblower Law, Sex Harassment, Unemployment Compensation, Unpaid Wages, USERRA 
Archibald Johns Thomas III
This attorney is licensed in Florida.
Posted about 1 month ago.
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I would consider filing a charge of discrimination with the Equal Employment Opportunity Commission for disability discrimination. This charge must be filed within 300 days of the acts of discrimination at issue. Under state law you can file a similar claim with the Florida Commission on Human Relations up to 365 days after the acts of discrimination. You may also have an FMLA claim if you worked there long enough and your employer was large enough. An FMLA retaliation claim can be filed with the US Wage & Hour Division or you can file suit in court.
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