QUESTION
i am a healthcare worker during COVID, do i really have to forgo my employee rights because healthcare workers are "exempt"?
Asked on Apr 02nd, 2020 on Labor and Employment - Florida
More details to this question:
i received weeks of text messages and emails from our administrator that daily contradict what previous text and email say referring to the executive board committee and the leaves of absence for both sick and employees with children out of school...i am the highest paid employee at my location and i have been so for 10 years. i am also just shy of turning 40. The new administrator has targeted me many times over the course of her new year , but has been unsuccessful in her previous harrassment to. She has even gone as far misinterpretating laws that apply to our company and taking away pay, as well as defamation in another instance with me. I addressed it with the Board(physician) and he suggested i seek legal counsel, for he just doesn't know what to do. Fast forward to COVID explosion. I was tonight "furloughed" in a letter for being a said NON ESSENTIAL in the office, this is not true. The letter states there is no return date. ....and so on...
1 ANSWER
As an essential worker, you are not necessarily entitled to paid sick leave or paid family leave under the Family First Coronavirus Response Act. However, you are entitled to all other employee rights that you were previously entitled to. If you were fired for discriminatory reasons or based on retaliation, you have rights.
If you believe the new administrator terminated you because of reasons related to protected classes, you may have a claim. In Florida, age discrimination is anyone age 40 or over. However, there are other forms of discrimination that may be part of the decision of your administrator. In addition, if you complained about your administrator and were later fired, you may have a claim for retaliation.
It is best to contact an attorney in your area to determine if you have a case for discrimination, retaliation, or wrongful termination.
Answered on Apr 09th, 2020 at 10:43 AM