I was fired for not returning My supervisor phone call while off dutyOn the day I left my shift the Supervisor became upset after I had worked the night shift he asked me how I was feeling I responded I was tired his response was If you don't wanna work here let me know and I will get someone else. 2 days later he called and left a message If I wasn't gonna work my shift this was a thursday let him know. My shift wasn't until Saturday I was fired Friday So my thought is I have a call in time of 8hrs or earlier for shift He didn't give me a direct order.
Yes, it could be considered insubordination.
In Florida, employees are presumed to be "at will." At-will employees may be terminated for any reason, so long as it's not illegal. Generally, employees who work under an employment contract can only be terminated for reasons specified in the contract. In Florida, it is very difficult to overcome the at-will presumption.
In Florida, you can be fired for anything as long as it's not one of the following reasons. Employers are not allowed to terminate or discriminate against employees for age, race, sex , religion, national origin, disability or pregnancy.
It's also illegal for an employer to terminate an employee for refusing to break a law, in retaliation for filing a discrimination or safety claim, for taking leave under the Family and Medical Leave Act, without following its own stated procedure or policy, or for reasons not contained in the employment contract, if one exists.
Zonald Spinks, Esq. Phone: (813) 413-5352 Fax: (813) 658-5893 Twitter: @ZonaldLaw Skype: Zonaldlaw Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.
Yes, this could be considered insubordination. Even if it is not insubordination, in an at will employment state such as Florida the employer does not really need any reason for termination as long as the reason is not an unlawful reason such as discrimination. The issue of insubordination would more likely arise in an application for unemployment where the issue would be with you should be denied unemployment for substantial misconduct. In this regard, if it arises, you may want to consult an attorney for more detailed factual analysis.
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