Deland, FL asked in Employment Discrimination and Employment Law for Florida

Q: Can I be fired due to going on disability?

I have worked for a company under agriculture for about 3 months now with full time hours. I was just recently accepted for disability compensation and now can only work up to 24 hours a week. I spoke with my employer about this change and he said he cannot accommodate me as a part time employee. Meaning I have to quit or be fired. I can still do my job and still want to work for the company. I just cant work full time hours anymore. Is this against the law?

1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Employment Law Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: No, under the facts stated by you, it is not against Florida or federal law for your employer to require you to work full time. The fact that you now have a partial disability and are not allowed to work full time (and do not need to work full time anymore) does not mean your employer must allow you to work part-time in a full-time position in their workplace. You will need to find a part-time job elsewhere or give up your disability income.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.