Legal Question in Employment Law in Florida
Terminated from work
Was terminated due to me being in the hospital 2 times with hospitals notes. I was an assistant Manager for a retail store. Never have been late or ever called out of work. Is this wrongfull terminated?
2 Answers from Attorneys
Re: Terminated from work
Depends on your contract. If not prohibited by your contract, then no it is not unless by some stretch of the imagination you fall under the ADA, but your post did not mention anything that would qualify.
Re: Terminated from work
The Family and Medical Leave Act (FMLA) may apply in your situation. In order to qualify, you must have worked a certain minimum time (1 year) and a certain minumum number of hours (1250). Additionally, you must have a "serious health condition" as defined by the statute and regulations interpreting the statute. An overnight stay in a hospital qualifies. Having worked retail many, many, years ago, I understand that the company may be a little bit strict on attendance matters. It may be in violation of the FMLA. You should contact a local attorney to see if your rights have been violated.
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