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Can I GET LAID OFF BECAUSE I HAD AN OUTPATIENT SURGERY THAT REQUIRED A WEEK OF FULL BED REST?

Orlando, FL |

I HAD THIS SURGERY AND HAD TO STAY AT HOME FOR A WHOLE WEEK. MY COMPANY IS ACTIVE VERY SUSPICIOUS AND THEY SEEM TO BE ON THE VERGE OF LETTING ME GO FOR IT.

Attorney Answers 2

Posted

I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies.

That being said, in general, unless you took FMLA leave, or unless other employees get to take a week off for health or other reasons and you do not because of your age, gender, race, disability, etc., you can be laid off. Florida may have laws preventing this, but as I am not a Florida attorney, I cannot advise you on them.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephone number.

/Christopher E. Ezold/

The Ezold Law Firm, P.C.
Employment, Business and Health Law
One Belmont Avenue, Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

Answered 8 months ago. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, New Jersey or Federal law apply, unless otherwise specified. /Christopher E. Ezold/ The Ezold Law Firm, P.C. One Belmont Avenue, Suite 501 Bala Cynwyd, PA 19004 (610) 660-5585 Cezold@Ezoldlaw.com www.ezoldlaw.com

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Posted

First let me say, I am very sorry for your illness and what is happening to you. If the surgery is related to an on the job injury/illness, you can not be fired. Other then that, Florida is a "right to work" state, Meaning, unless your firing can be related to a protected legal status (sex, age, race, religious discrimination), you can be fired for ANY reason. Florida government is all about protecting corporate interests, with little concern for workers. That includes firings for no cause, firing for illness related absences, increasingly reduced unemployment and worker compensation benefits and on and on. Hope you can work things out with your employer.

This answer is a public service and not an attempt to solicit business. Jonathan Groff’s practice is devoted to all aspects of personal injury litigation throughout Florida. He has a “10.0 Superb” rating from AVVO and is rated “AV Preeminent” by Martindale-Hubbell. However, this reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raise then I have set out in my brief reply. Further, unless your matter concerns Florida law, I am not licensed to practice or give specific legal advice in your state.

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