Legal Question in Discrimination Law in Florida

Pregnat

A guest where i work ,as a waitress triped and fell and pulled me down with her, in which i am 34 weeks pregnat.I filled out an accident report and went to my doctor(which I am high risk) They took blood from me and i was their all nite, the next following work day they sent me to centra care for a drug test, than today they said i did not pass it and fired me. I told them i would gladly take another but they refused and termed me in which i have been their for over a year, They claim they lost my blood work... But they took blood from me that nite at the hospital. Do I have a suit??? I am not the only one their that are pregnat, they were upset for the fact that i wanted to fill out a accident report. thank you--name removed--watkins


Asked on 1/20/06, 3:27 pm

1 Answer from Attorneys

Re: Pregnat

If the company has good proof that the test was actually positive, and had good reason to test you to begin with (such as it is policy to test everyone after any kind of accident),then it would be hard to win a suit against them. But if the chain of custody is questionable, such as because the blood work is lost, or they don't treat other people the same way, then you may have a pregnancy discrimination and/or wrongful discharge claim.

I would need more information before I could advise. But if you just want to pursue the issue on your own, you can file a free claim with the EEOC or state human rights commission, without an attorney. They will investigate if they think there is a legitimate claim.

Otherwise, feel free to email diectly to me and we can review the matter more thoroughly to see how you might proceed.

Good luck with the baby!

Jeff Sheldon

The Sheldon Law Firm

[email protected]

Caveat: This is general advice only and should not be relied upon as legal advice because all facts and circumstances are not known to the author.

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Answered on 1/22/06, 1:18 am


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