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

Q: Fired for small mistakes, never put on a performance plan. I was the only women on the team. What should I do ?

I was working at a new job and was suddenly fired after being told I was performing great 3 days prior. The owner found some typos in my work and that was the reason given for my firing. I was a W2 salary employee with benefits. I was the only women on the team and one of the only ones, as they laid off / fired the only other 2 women in the team within 2 months. There was no improvement plan and the owner had praised my work just a few weeks prior. The day of my termination, I saw a meeting in the morning with HR and then it got cancelled. I asked my boss about it and even asked am I getting fired and he responded with a "no." Later that day, at 4 pm, I was fired.

All the communication in writing regarding my work was positive and I never received any negative feedback. All the men on the team are always given feedback and allowed to re-do their work. These are creatives role so feedback is subjective. What should I do? I feel as this was unfair and didn't see it coming.

3 Lawyer Answers
Kevin Sanderson
Kevin Sanderson
Answered
  • Employment Law Lawyer
  • Sarasota , FL
  • Licensed in Florida

A: How long were you there? Are thee more than 15 employees? If not, what is the specific municipal location?

Charles M.  Baron
Charles M. Baron
Answered
  • Employment Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: You did not indicate whether you believe you were discriminated against on the basis of sex, though perhaps you are wondering if you were. If so, the circumstances of your work history and termination must be examined in detail to determine if you have a viable potential discrimination claim. If you do have a viable claim, it should be filed with either EEOC (Equal Employment Opportunity Commission) or FCHR (Fla. Commission on Human Relations). The agency will evaluate the claim and if it looks viable, the agency will require your employer to respond to the claim. If it still looks viable after that, the agency will make an attempt to seek amicable resolution (for example, compensation for back pay and/or reinstatement), and if no resolution, you'll be issued a right-to-sue letter with a 90-day deadline to file a lawsuit.

If, on the other hand, there is not enough there to support a discrimination claim (or any other claim, such as being gypped out of earned wages), your only remedy is to seek Reemployment Assistance (unemployment compensation) - which you should immediately apply for, regardless of whatever potential claims you may have (or not have). You cannot be denied such assistance unless the employee proves you engaged in misconduct on the job, and "typos" are not likely to be considered misconduct.

I represent employees on discrimination claims and appeals of Reemployment Assistance denials.

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

A: If you feel you have been discriminated against by actions of your supervisors or co-workers at your workplace because of your race, age, gender (including sexual harassment), sexual orientation or national origin, religion or marital status or because you have a disability, or feel you have been retaliated against for speaking out or asserting your legal rights in the workplace, you should contact the Florida Commission on Human Relations (FCHR) here in Tallahassee. The FCHR's toll free telephone number is (800) 342 8170; or you can call them at (850) 488 7082. If you do call, ask to speak with an Intake Counselor. You do not need a lawyer; but retaining one before you file a charge of discrimination will help get through the bureaucracy.

Charles M. Baron agrees with this answer

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