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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
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Experience:  Licensed Texas General Practice Attorney
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Can a person be fired from their job in florida if they have

Customer Question

Can a person be fired from their job in florida if they have been ordered to appear in court in another state as a witness.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  ScottyMacEsq replied 2 years ago.
Thank you for using JustAnswer.
No.
Generally speaking, Florida is an "at will" employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion.
BUT there are laws that prohibit termination or retaliation for other judicially mandated actions. Jury duty, for one, is protected. And serving as a witness is as well:
Florida Statute 92.57 Termination of employment of witness prohibited. — A person who testifies in a judicial proceeding in response to a subpoena may not be dismissed from employment because of the nature of the person's testimony or because of absences from employment resulting from compliance with the subpoena. In any civil action arising out of a violation of this section, the court may award attorney's fees and punitive damages to the person unlawfully dismissed, in addition to actual damages suffered by such person.
So long as the order is from a subpoena (to be in strict compliance with the law), the employer cannot terminate the employee because of the testimony or absence to testify.
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!