Miami, FL asked in Employment Discrimination for Florida

Q: I was terminated from my job position without warning or any notification

Do to a second background check I was terminated after 4 years of employment

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

A: You did not ask a question, but since you posted your inquiry under the subject area Employment Discrimination, I suppose you are wondering if you are the victim of illegal discrimination, as well as if there is anything you can do to obtain monetary compensation. While the employer did discriminate against you on the basis of what cropped up in your background, that type of discrimination is perfectly legal (unless you have a written employment contract specifying that only certain grounds, not including that one, will justify termination).

The protected classes under the employment discrimination laws include race, sex, age, disability, color, religion, national origin, and sexual orientation. Also, it is illegal to terminate in retaliation for taking certain legal actions, such as complaining about discrimination or making a FLMA or workers comp claim. So if the background check is the SOLE (and real) reason for termination, without any of the aforesaid laws coming into play, the employer is likely within its rights.

HOWEVER, because you were not terminated for misconduct on the job, and because you worked there for four years, you are likely entitled to apply for, and be granted, unemployment compensation (in Fla., called Reemployment Assistance) - for which you probably don't need an attorney. You will likely be awarded the comp unless the employer successfully contests it on the ground that you engaged in misconduct on the job. If the employer contests it, you should retain an attorney.

In some cases, the employee will want to try to work something out with the employer to call the separation a resignation rather than a termination for resume purposes (in which case you CANNOT be awarded unemployment comp, but you wouldn't have the termination on your record).

Aside from the termination issue, some employment situations may give rise to other legal issues such as unpaid wages or overtime or unjustified unequal pay between employees of different genders, races, or national origins. Hope this helps, and good luck with your job situation.

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