Hortense, GA asked in Civil Rights and Employment Law for Florida

Q: okay so i know in FL terms of employment are “at will”. Is that for ANY situation? My gf works for the omni hotel in ...

a restaurant. we live at a river house and is flooded overnight, as in there is no road just river. our house is on stilts but even so, water covers our entire yard even some of our steps & the water is up to my chest where the rd is. that being said she let both her bosses know thursday ( she works friday & saturday) that she was flooded in and couldn’t make it she even sent pics. so since we don’t own a helicopter and she can’t walk an hour and a half she is being threatened of getting fired. her boss demanded she “find a way” to get there and obviously that’s impossible considering the only way ppl have even been coming by our house is by boat. is there anything she can do?

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3 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: If she doesn't show up at work they can fire her. The reason that she doesn't show up doesn't matter. What she can do is find a different place to live so that she will be a more reliable employee.

Bruce Alexander Minnick and Charles M. Baron agree with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Civil Rights Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: No, not in Florida, the land of uncaring employers and landlords. Why?

Because Florida is an “at will” state, which means that private employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any time, i.e., “at will.” The only thing employers cannot do is make any of these adverse employment decisions based upon the employee’s race, gender, age, marital status, national origin, handicap, disability or religion.

Charles M. Baron agrees with this answer

Charles M.  Baron
Charles M. Baron
Answered
  • Civil Rights Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: I agree with my two colleagues who have responded but would add that, if she is terminated for that reason, she may be entitled to compensation under the Florida Reemployment Assistance Program (also known as unemployment compensation), depending on her length of employment there. If she meets the eligibility requirements for time employed, she would be entitled to compensation because the termination would not be for misconduct on the job. Another option to consider is for her to offer her resignation in exchange for a good written recommendation letter to give other potential employers - though a resignation would disqualify her from obtaining unemployment comp.

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