Looking for an attorney on a contingency basis. I was recently terminated from employment from an ambulatory surgical center after just a week of employment. I have contacted the EEOC, but because they have less than 15 employees, they can't seek legal justice. They can, however, issue me a "right to sue" statement. I am currently living in Ogden, UT; but this happened in Ft Myers, FL. I moved down to Ft Myers in January. I started a job, but then this ambulatory surgical center really wanted me. So they offered me more money to sway me to quit where I was and come work for them. Then after just a week of employment they fired me for having a cough that is directly related to a disease, that I was on disablility for for much of my life. They were aware of this disease after they hired me, but before terminating me. They directly told me its because they didn't want to accomodate me. So after they fired me, I became so distraught, hopeless, and depressed that I made arrangements to move back to UT. i feel so powerless against this injustice. Can anyone help me?
I would imagine since you had just started you were probably in your "probationary" period (almost all employers do this for usually the first 90 days) and in that time they can end employment for any reason what so ever...they don't have to have a reason. I was fired once in the last week of my 90 days for having a kidney infection and being off work under a doctors care and they could do it because of the probationary period. Had it been outside of that time frame they couldn't have because I was under a doctors treatment. It sucks but unless you have paperwork showing there was no probationary period there probably isn't anything you can do 
Im not sure about UT but i do know that here in FL it is considered a right to work state and have seen employers terminate employees for no reason at all. Sounds like what happened to you is BS and I dont blame ya for persuing it further. Good Luck
Having worked in surgery for many years...I'm wondering why a cough...even a chronic cough...would be an issue?
NU2FLSWING wrote:
Im not sure about UT but i do know that here in FL it is considered a right to work state and have seen employers terminate employees for no reason at all. Sounds like what happened to you is BS and I dont blame ya for persuing it further. Good Luck
Utah is also a right to work state. Legally they don't need any reason to fire you. I have a friend that was able to prosecute for an unjust firing but what she got was unemployment which she was previously being denied. Probably doesn't help that you didn't tell them about your condition before they hired you. Doesn't look good from my end but I'm no attorney so good luck and with any luck I'm wrong.
CRAZYFOXTCU wrote:
I have a friend that was able to prosecute for an unjust firing but what she got was unemployment which she was previously being denied.
And that is exactly what I got...unemployment also felt it was unjust since I was under doctors orders to be on bed rest so they gave me my unelployment but that was my only legal recourse...this kind of situation is always a tricky one
As T have already said we don't know the particulars in your situation, but you might have a case because of the fact you relocated to take the job. Look up the law in the state of FL and contact the department of labor and see if you can file a wrongful termination suit. The only thing that might be problematic is you did not disclose your condition when you applied for the job(I don't know if that's relevant to your position) Regardless, they hired you and paid for your relocation(I assume). If you're a nurse and it's something contagious then you could have a case. The key here is they approved your relocation from one state to another then terminated you. My guess is someone dropped the ball and now they're hanging you out to dry.
Wish you all the best and hope things work out for you.
Wish you all the best and hope things work out for you.
Skordas caston and hyde is the best law firm in Utah but as far as Florida im not sure. they have helped us out for matters similar to yours I am sure the can point you in the right direction for the state involved
I am sorry to hear about what happened to you. In Utah and Florida (both states that follow the "at will" employment doctrine), the employer can fire an employee (unless there is an employment contract for term of employment) for any reason or no reason at all, except for protected reasons such as race, religion, gender, or national origin. Additionally, in Utah if an employer fires an employee for a reason that is against
In Utah, you must exhaust all administrative remedies prior to filing suit in district court. A lot of states do the same. The problem is that this isn't likely a huge claim and you'd probably have to fly back and forth to attend hearings, appeals, etc. at the administrative level prior to your claim being "ripe" for filing in a district court. All that travel back and forth would make it difficult to actually come out of this mess with any money after expenses and fees.
Your best bet if you want to pursue it is probably to hire an attorney in FL since they could represent you and maybe do telephone conferencing rather than you having to fly there.
These things do not often make it to district court anyway. They usually involve a lot of posturing on both sides until an offer of settlement is reached. Some attorneys will draw out the proceedings - asking for extensive discovery, etc - just to make the other side flinch. It's an abuse of process that's used all the time, unfortunately.
Just remember that the statute of limitations for employment related claims is FAR shorter than for other types - in Utah I thinkit's 180 days (damn, maybe 90, can't remember and too tired to look it up right now). So if you haven't filed a notice of claim or grievance, or whatever they call it in FL, you might want to get on it.
One more thing... Does the employer truly have less than 15 employees? There are rules as to how employees are counted (part-time v. full-time, etc.) and often employers actually do have enough employees once they are all properly counted. Since this is determinative as to the jurisdiction of the EEOC,they will usually require discovery of all employment records for a given period of time prior to determining their jurisdiction.
Anyhoo - I'm not an employment law atty, but that's my take on it.
Kelly
(This statement, as this site, is meant for entertainment purposes only and not meant as legal advice.)
Your best bet if you want to pursue it is probably to hire an attorney in FL since they could represent you and maybe do telephone conferencing rather than you having to fly there.
These things do not often make it to district court anyway. They usually involve a lot of posturing on both sides until an offer of settlement is reached. Some attorneys will draw out the proceedings - asking for extensive discovery, etc - just to make the other side flinch. It's an abuse of process that's used all the time, unfortunately.
Just remember that the statute of limitations for employment related claims is FAR shorter than for other types - in Utah I thinkit's 180 days (damn, maybe 90, can't remember and too tired to look it up right now). So if you haven't filed a notice of claim or grievance, or whatever they call it in FL, you might want to get on it.
One more thing... Does the employer truly have less than 15 employees? There are rules as to how employees are counted (part-time v. full-time, etc.) and often employers actually do have enough employees once they are all properly counted. Since this is determinative as to the jurisdiction of the EEOC,they will usually require discovery of all employment records for a given period of time prior to determining their jurisdiction.
Anyhoo - I'm not an employment law atty, but that's my take on it.
Kelly
(This statement, as this site, is meant for entertainment purposes only and not meant as legal advice.)
You will have to sue in Florida and need an attorney on the FL bar.
THOUGHTGARDEN wrote:
Having worked in surgery for many years...I'm wondering why a cough...even a chronic cough...would be an issue?
I know I am kinda slow sometimes but is this being sarcastic?
Hi, most everyone above is giving you some good advice, JNK204 I believe being the best. They are lacking two critical issues: One, as you say. you were requested from another employment so much more information must be profided in relation to this issue. But it is an issue in a right to work state. Two, and this is my legal advice, you may prevail in this case if you take it to its completion. But this win may be a Phric victory for you, so be careful in what you are looking for.
So you didn't tell them about your condition before they hired you? That might hurt your case too
NU2FLSWING wrote:
Im not sure about UT but i do know that here in FL it is considered a right to work state and have seen employers terminate employees for no reason at all.
Right to Work state has nothing to do with your right to have a job. Right to Work just controls the unions. In a RTW state, you can't be forced to join a union in order to be employed somewhere.
Thank you everyone for all the great advice!
MAYBEMOR wrote:THOUGHTGARDEN wrote:
Having worked in surgery for many years...I'm wondering why a cough...even a chronic cough...would be an issue?
I know I am kinda slow sometimes but is this being sarcastic?
Not at all....in fact I have had a chronic cough for the last 20 years myself...and it has never been an issue
Right to Work AKA United we bargain divided we beg. Sorry to say but in most states right to work legislation also defines employment as being at will.
Bob
Bob
I am very sorry about how upset you are. Losing a job for any reason is not fun. I actually work in legal compliance for a large health care company and deal with these types of issues on a regular basis. Unfortunatley the information you have provide is not enough to give you sound advice. There are a number of factors that play into a situation like this. I can tell you that in Florida you are unlikely to prevail on public policy exception to the at-will doctrine and you would not have a claim under the ADA because of the size of the company. If you would like to contact me to discuss I would be more than happy to speak with you about your options.
IDCPL4FUN69 wrote:
Right to Work AKA United we bargain divided we beg. Sorry to say but in most states right to work legislation also defines employment as being at will.Bob
Nope. Have to disagree with facts. Check out http://issuesny.tripod.com/home/id25.html You will see that most states do NOT define at-will in their code. It is up to the employer. RTW is not part and parcel with At Will.
Mav
MAVENX wrote:IDCPL4FUN69 wrote:Nope. Have to disagree with facts. Check out http://issuesny.tripod.com/home/id25.html You will see that most states do NOT define at-will in their code. It is up to the employer. RTW is not part and parcel with At Will. Mav
Right to Work AKA United we bargain divided we beg. Sorry to say but in most states right to work legislation also defines employment as being at will.Bob
MAVENX is correct at-will and right to work are two very different things. Right to work generally protects an employee's right to refuse to pay union dues. Different States have different rules but Utah, and I believe Florida, are both know as free-rider states which means you get the benefits of being in the union without paying dues.
Honey you do have a case for sure. You can do it under discimmination reasons. I worked for Discover Card and they would fire for these reason and often get sued and the people would usually settle out of court. So that was a way to keep it hush hush. You should go after them and see what you can do and how much you may get? even if you have to settle out of court. They do not have the right and it has nothing to do with the at will job 90 day period. So you go get them girl and a win is a win even if you do not get much money from it they lose and you get to regain your confidence again. Do not let them get away with it. (=
I do believe you are only covered under the Disabilities act if you disclose you disability BEFORE you are hired...
T-I'm sure you have a lot more experience in this department than I do since I know you were in HR, I was just going on the brief info I got in my last class...I guess it's a sticky situation that would be a case by case factor and since none of us have all the details it is hard to give correct advice, but it sure has lead to some interesting conversation...
We Are enjoying the warm weather and getting settled nicely thank very much sexy!
MYSTIC_R wrote:
You will have to sue in Florida and need an attorney on the FL bar.
Agreed - but that can be done a lot more efficiently THROUGH a UT attorney.
Thanks everyone. I'm really not too concerned over getting a lot of compensation. I'm more into not letting them get away with this. It doesn't seem right or ethical and I certainly don't want this to happen to happen to anyone else. I think if I pursue this even just a little, they will think twice before letting someone go for such an insignificant matter.
T4REAL69 wrote:
Hey just for info I recently filled out an employment app and on it they asked if I would require a reasonable accomondation to do the job? Sooooo it seems they can ask that but can't ask about the specific disability....just thought I'd share that with you Sexier!
I too have noticed the same thing with the recent apps I've been filing out. I know they can't ask specifically unless you need accommodations to do the job effectively because it's something I've had to work around with my shoulder...kind of a screwed if you do and screwed if you don't thing...and not even the fun way
lol