Can You Be Fired While on Short-Term Disability? Many workers in Florida may think that their positions are secure when they go on short-term disability due to a sickness or injury not related to their job. But it’s important to know that Florida is an “at-will” state, so your employer is legally allowed to fire […]
Fired While on Short-Term Disability? You May Need to Hire an Attorney
Top 7 FAQ About Maternity Leave in Florida
The United States is the only developed country that doesn’t mandate paid maternity (parental) leave on a national level. And although three states, including California and New Jersey, require paid parental leave, Florida does not. As a result, if your company does not offer paid time off for expecting and new mothers, you have to […]
Wenzel Fenton Cabassa, P.A. Represents Employer Retaliation Case Under the FMLA in Pinellas County, FL
A Pinellas County man asserts that he was fired by his former employer, BayCare Health System, Inc., for exercising his rights under the Family and Medical Leave Act (FMLA) and the Employment Retirement Security Act (ERISA) to take medical leave for his chronic medical conditions. The plaintiff, John Doe, whose name is being withheld due […]
Top 10 FAQs About Pregnancy Discrimination
Do you feel as though you may not have received a job promotion because you were pregnant? Or were pressured into taking early leave? Or even fired? The Pregnancy Discrimination Act (PDA) of 1978 prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. Here are answers to 10 frequently asked questions that […]
Is Pregnancy Considered a Disability at Work?
The Americans with Disabilities Act (ADA) was designed to ensure people with qualifying disabilities weren’t discriminated against based on their disability. It covers discrimination in employment, transportation, public accommodation, communications, and governmental activities. But is pregnancy considered a disability and are women protected under the ADA? Are you being discriminated against for being pregnant at […]
Workers’ Compensation: Can You Be Fired for Being Hurt on the Job?
The situation is not a happy one. You sustained an injury while working. Maybe it was an accident, or maybe it was negligence on behalf of your employer in maintaining an unsafe working environment. Whatever the case, if you’ve been fired after being injured on the job, it’s important to know your rights. Fired for […]
10 Signs You’re Facing Retaliation for Taking FMLA Leave
When you take leave under the Family & Medical Leave Act, it’s safe to assume you’re already under some stress. It can be good stress, like taking time off to be with a new baby. Or it can be difficult, emotional distress as when you’re taking time off to care for a terminally-ill loved one. […]
What Do You Need to File for FMLA Leave?
There isn’t an easy button to push when you’d like to go out on leave under the Family & Medical Leave Act (FMLA). Don’t misunderstand, it’s not a difficult process but the covered employers do have some leeway as to how they implement it as long as they do so equitably. If you want to […]
What is FMLA Fitness-for-Duty Certification?
Leave from work may be taken and protected by the Family & Medical Leave Act by eligible employees who work for covered companies their own “serious health condition” or that of an immediate family member, in addition to other reasons such as adoption or care for a newborn. When the employee is the one with […]
5 of the Most Common FMLA Violations
FMLA violations are probably more common than you think. Employees want to believe when they are talking to the human resources department that the employer is adhering to the law but many times the Human Resources Department representative simply don’t know the details of the Family & Medical Leave Act and whether it applies to […]