Bradenton, FL asked in Employment Law for Florida

Q: Can my boss fire me for working from home without a sitter for my children?

I work from home and I dont have my kids in daycare because I am home with them. My boss found out and got upset

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

A: Sure; with some exceptions (that don't apply), your boss doesn't need a reason to fire you.

Domenic J. Celeste agrees with this answer

Domenic J. Celeste
Domenic J. Celeste
Answered
  • West Palm Beach, FL
  • Licensed in Florida

A: You can be fired for almost any reason in Florida (with some exceptions). Another questions is whether you being fired was wrongful or not, which may allow you to make a claim against your employer for your termination. To get an answer, or advice, as to that (more important) question, you should reach out to an attorney licensed to practice law in Florida and who regularly handles employment cases. The facts that you provided are insufficient to make this determination on here, so I'd highly recommend that you speak to an attorney further about this.

Eva Zelson
Eva Zelson
Answered

A: In “at-will” states such as Florida, your employer can fire you for any reason, or no reason at all, so if this does happen, it is not illegal. What might be illegal, however, is if your boss is aware that other employees with children are also working from home without daycare and is not upset at those employees. This could possibly be, for example, sex discrimination if your boss is angry when women work from home without childcare but not when men do so. From what you’ve written, though, nothing illegal is occurring. Knowing this, perhaps it would be beneficial to talk to your boss to see if he is unhappy with your performance while working at home with young children present, which may be behind any possible threats of dismissal. After your discussion, hopefully you can rectify the situation to avoid losing your job. Best of luck!

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