Daddysredhead
Posts: 23574
Joined: 11/6/2005
From: Northern (yet still part of the South) Virginia
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quote:
ORIGINAL: mystickoolaid
Actually, they can fire or hire someone whenever they want unless it can be proven it was due to race/sex/orientation, etc. IE; discrimination.
At will employment is fairly standard in most states, however, the exceptions are varied. States have to follow the ADA (Americans with Disabilities Act). I'm not sure how FL defines it, but, in VA, pregnancy is considered a medical condition that is protected under the ADA in most cases, depending on the situation.
For example, you cannot be fired just for being pregnant while you are working somewhere. However, if the employer makes reasonable efforts to ensure that your medical condition and needs are met, most times they meet the criteria. If your attendance has faltered due to your medical condition, then the employer has cause to give you a warning or possibly dismiss you for failure to perform your duties since you aren't there. What Linea says about short term disability is true in some states, you may want to check Dept. of Social or Family Services and see of you qualify for such benefits. Some companies have this insurance through Aflac or other providers, but it is something you pay for. (short-term disability insurance)
Check your facts, put them on paper, make a few calls and see what happens. Never hurts to check, but make sure you have your dates, etc. straight. Wrongful termination can be very difficult to prove, but it's worth a try. Also, just try to get a free initial consult with an attorney. Most attorneys do their pro bono work through their local or regional Bar, and will not tell clients such a thing. Many times in my 12 years as a paralegal, we've had folks call and ask if we'll take a case pro bono, and they get shut down with "We don't do Law For Free." (These kinds of cases are meted out by places like Legal Aid to specific attorneys.) No lawyer in his or her right mind (typically) will sign on to a case at the beginning, knowing they won't get a cent and at an average of 50+ hours or more doing depositions and trial prep at a rate of $300.00/hour, they aren't likely to give out $15,000.00 of free work, if a simple negotiation via phone won't work.
Sorry, but it's the way things usually work.
typo
< Message edited by Daddysredhead -- 11/25/2008 5:44:51 PM >
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