Davenport, FL asked in Employment Law for Florida

Q: I was in a car accicent on a friday night. I refused to go to the hospital because i was worried i would miss work.

I told my boss about the accicent and i was in so much pain she insisted i leave work early for the ER. According to the Dr. i could have a cracked rib and lots of internal bruisin from the air bag. I let her know what was going on as soon as i found out. Sunday night i woke up in so much pain i was up all night. I called her at 5:30 monday morning letting her know my pain and asking for the day off.. Again on tuesday i was not only in pain but on pai. Killers and called her at 7:30 am explaining my situation and asking for tge day off. Aweek later i am fired and told i missed to many days. Is this ok? I did proper call out procedures and under the circumstances they should have understood my needing days off to heal. And why would they wait a week?

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1 Lawyer Answer
  • Fort Lauderdale, FL
  • Licensed in Florida

A: The state of Florida is an "at will" state, meaning either the employer or employee can terminate the employment relationship at any time, and for any reason, or no reason, with or without notice. However, there are exceptions to the "at will" principle, including contract employees (the terms in the contract determine the employee/employer rights); employees who are members of a union (the union collective bargaining agreement determine the rights of the employee/employer); anti-discrimination laws (the Americans with Disabilities Act (ADA) which requires employers to make reasonable accommodations for employees with a qualifying disability; and the Family Medical Leave Act (FMLA), which requires qualifying employers to provide up to 12 weeks per year of medical leave for qualifying employees with serious medical conditions.

Each of these laws are fact specific, so it's advisable for you to seek legal counsel to determine what your rights are after reviewing all the facts. If your injury/medical condition is covered by either FMLA or the ADA, for example, you may be able to sue your employer for violations of one or both of these laws.

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