QUESTION

let go because i broke my left hip

Asked on Oct 14th, 2015 on Personal Injury - Florida
More details to this question:
I was wondering if a place where you week can fire you when you were in the hospital with a broken hip and the left femur bone? I was in the hospital having surgery and they called me 4 days later and told me they hired someone else. when I went back to my Dr in March 31/15 he gave me a return to work on 4/15/15 and when I showed them my return to work they said that they already hired some one. I did not do this on company time so they didn't have to pay for anything. I feel they did not have a right to fire me when I was on sick leave.
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1 ANSWER

Personal Injury Law Attorney serving Miami, FL
3 Awards
I am sorry this happened to you, but Florida is a very pro-business, anti-worker state.  With few exceptions, Florida employers can fire you at any time, without even needing a reason.  There is no Florida law requiring employers to provide any sick leave to their employees; even unpaid. I am not an employment specialist but can only think of a few exceptions which may help, as I understand your facts: 1.  If you are one of the few people in Florida who still have a union job and their contract with the company provides you this time off. 2. If your company has an employee handbook, or you can otherwise prove a firm policy allowing    employees this type of time off, then it “may” be enforceable against the employer. 3. Employers with 50 or more employers, are required to comply with the federal Family Medical Leave Act.  My general understanding is the Act allows up to 12 weeks unpaid leave per year for a “serious”* health condition (and for other reasons, such as new child care). If you are covered by this federal law, the employer must reinstate you to your former position once you return.  *If you work for such a company, you need to look up what is considered a “serious health condition” under the FMLA, or consult with an employment specialist. I am sure there are very specific definitions. There are other laws allowing people time off, but I dont think they apply to your fact situation (such as domestic violence).  It would be great if our Governor and legislature cared for Florida residents as much as they care for big business (and their huge donations), but as the expression goes, elections have consequences.  Please understand, I am not a labor / employment lawyer, so this is just my general understanding of the law.  I also don’t know all the fact which may be applicable to your situation.  Wishing you the best
Answered on Oct 15th, 2015 at 1:28 PM

Jonathan Groff is an AV Preeminent, rated Personal Injury attorney representing clients throughout Florida. (305) 661-3633; Mobile, (305) 302-8807

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