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Florida Wrongful Termination
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By Heidi Turner
Florida wrongful termination refers to situations in Florida in which employees are wrongfully fired from their jobs. This means that they lose their jobs for reasons that violate either Florida labor laws or federal labor laws. Although there are many circumstances in which an employment agreement is terminated for valid reasons, there are also circumstances in which an employment termination is illegal. In such situations, the employee may be able to file a wrongful termination lawsuit against his or her former employer.
Florida is an at-will employment state. This means that an employment contract in Florida can be terminated at any time for any reason or no reason. There are, however, exceptions to the at-will doctrine.
A person cannot be fired for reasons that are discriminatory, such as for his or her age, sexual orientation, gender, religious beliefs, national origin or any other protected characteristics. Firing an employee for complaining about discrimination or harassment is also prohibited.
If the employee and employer had a contract agreement that set out conditions under which an employee could be terminated, the employer cannot fire the employee in contradiction of those conditions. Similarly, an employer cannot fire an employee if it violates a union collective bargaining agreement.
Employees who are found to be victims of wrongful termination may be able to recover lost wages, lost benefits, compensation for emotional pain and suffering and punitive damages.
Published on Jul-16-14
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Florida At-Will Employment
A person cannot be fired for reasons that are discriminatory, such as for his or her age, sexual orientation, gender, religious beliefs, national origin or any other protected characteristics. Firing an employee for complaining about discrimination or harassment is also prohibited.
If the employee and employer had a contract agreement that set out conditions under which an employee could be terminated, the employer cannot fire the employee in contradiction of those conditions. Similarly, an employer cannot fire an employee if it violates a union collective bargaining agreement.
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READER COMMENTS
Brandy Nutter
on
I believe my termination was due to the fact that upon returning to work after a 4 day illness, I found that one of my residents had been being over medicated due to the fact that the resident had suddenly became lethargic the day before. At that time, I found that one of the management team had put in an order for 20mg of morphine to be given every 4 hours to this resident who, at the time the order was put into the system, was awake and actively participating in her care. The order was supposed to be for only 5mg of morphine every 4 hours. Therefore, this resident was receiving 15mg more morphine each time she was dosed than she was supposed to. This resident ended up dieing the same day that I came back to work and found the error. This error was immediately brought to the attention of my supervisor by myself and I changed the order to the correct amount. I also discovered that another narcotic medication was supposed to be discontinued once the morphine arrived at the facility and that wasn't done either. This was also brought to the attention of my supervisor and I corrected the error. I was not comfortable with the way in which my complaint was handled therefore, I made copies of all of the mistakes that I had found being as I wanted to be sure that I was not somehow found at fault for my resident's death. No one knows that I have this information in my possession. 6 days later there was a mandatory nurses meeting in which this incident was briefly brought up and it was stated that these errors, "thankfully did not contribute to the resident's death" which was a complete lie. After the meeting I spoke with my DON and told her that I didn't agree with what she had said. I was basically blown off. Tuesday evening I received a text stating that I was to work on a med cart that I had never worked on with patients that I have never met. I voiced my displeasure over this which I was told that I, "work for the company, not a certain med cart.". During that day, I noticed that I was being treated differently than usual by some of the management staff. One in particular was the one that had put the wrong orders in our computer program for the resident whom had passed. She came to the cart that I was working on and asked for the empty narcotic cards. I gave them to her and she signed that she received 8 cards from me. I then noticed that someone had written over one of the numbers but didn't pay much attention to it. At about 2pm, I had finished my work and was cleaning my cart. My sharps container had been giving me problems all day in that the lid was not opening and closing properly. I took the sharps container to the medical supply room where I was wanting to tell the person whom ordered supplies that there was a problem with the lids and to show her what that problem was. When I reached the supply room, this person was out on an appointment and unavailable. Therefore I just decided that I would replace this one and a few others in the rooms that I had been working in so I started gathering replacements and dropped the one that I had brought with me. At that time one of the managers walked in and asked me what I was doing. I started to tell her and she immediately started saying that I was tampering with the sharps container. I told her that it had fallen because my hands were full. At that point, I gathered the new sharps containers that I needed and left the supply room thinking this woman has lost it. What she was saying didn't even make any sense to me. She said something about that she had worked a few nights before and had replaced that sharps container and knew there was an old patch in it. This sharps container came from a cart where no one had any patches of any kind. After replacing the other full containers that needed replacing, she then stated that another supervisor would be coming to count with me and I would have to go to the office. As the cards began to be counted, I remebered the number being changed and bam, they made it look like I had taken a card of medicine. At this point I showed them where the number had been written over and where it was easy to see that it was wrong. That it proved there was in fact, not a card missing. That's when I began to understand what was happening. They wanted me gone because I was clearly unhappy with how things were being handled in the case of my patient's death. Now I'm in an office with the nurse who had not only put the wrong order in the computer but who had also given this incorrect dose to this patient twice and two of her best friends who one was the supervisor that I first reported it to and the other was the person who just accused me of tampering with a sharps container. Neither the DON or the assistant DON were there at that time. I was told by these three that I had to take a drug screen. I said, "For what reason? If I had tampered with the sharps cintainer, which I didn't, or even stolen a card of meds, which I didnt, nothing would show up in my urine this quickly!". I decided then that it was in my best interest to refuse. The person that was to give me the test and read the results was the sames person that I had reported for overdosing my patient! And the only other two people there were clearly, in my eyes, there in her best interest, not mine. They then called the DON whom stated that if I refused the drug screen that it was automatic termination. That is when I told her that I was not taking the test. She told me I was terminated and I promptly left. Please advise. This all happened on 9-21-16. Thank you.
Artavenyar Dukes
on
geralde sinois
on
Florida
on