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Jane Doe Deer
Jane Doe Deer, Employment Lawyer
Category: Employment Law
Satisfied Customers: 3896
Experience:  Attorney since 1986; Plain English - Discrimination, Fire/Hire, Non-Compete, etc.
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Can I sue my employer for firing me while I was absent from

Resolved Question:

Can I sue my employer for firing me while I was absent from work for dealing with sever back pain and waiting for the treatment appointment? It could have taken a total of 3 1/2 months of me not working ( no pay) I was still awaiting approval for short term disability. I was fired at the 2 month point, and I did still have ins. coverage. It actually turned out that the treatment appt. was moved up and I could have been back to work right at the 3 mo. mark. Short term disability is for 3 mo. and I was finally approved for that.
Also, I believe the enviorment I had to work under for most of my 4 yrs of employment put me in such a panic/anxiety attach that I almost had a nervous break down about mid Nov of 2009. Is it to late to file a harrasment suit that cause my anxiety issues? The issues started shortly after I started working, by my supervisor, and continued through most of my four yrs of employeement.
Submitted: 6 years ago.
Category: Employment Law
Expert:  Phillips Esq. replied 6 years ago.

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.


What is the reason given for your termination?

Customer: replied 6 years ago.
I was terminated due to absenteeism (sp?). When my back started hurting extra bad, I knew I couldn't keep working until I received a treatment from my Pain Dr. With seeing Dr's and appt getting pushed back I just couldn't return to work yet. I asked about applying for short term disability to cover me and save my job. The HR director said I could apply ( and that would keep my job open for me). When I saw my Pain Specialist Dr on Sept 2, 2010 (2 months into the 3 month time limit on the disability) I thought I would receive a treatment in about 2 weeks, but it could not be schedule till 6 weeks later. Short term disability is for only 3 months. The late treatment appt ment it would be 3 1/2 months or so till I could come back to works. When the HR director, Pam Post, heard this she said she would have to talk to the CEO about everything and let me know. She sent me a letter saying my position couldn't be left in a hold position, and since it was going to take so long to get treatment I was terminated (as of 9-7-10). I did still have ins. coverage at this time and it was mentioned to me that they shouldn't/couldn't fire me while I still had health ins coverage. It seems as though they are not looking to hire to fill my position, that they were so concerned about, after all. It also turned out that the treatment date was moved up and I could have returned to work right at the 3 months time limit. The appt change was a last min change, but still, it ending up that it was done in time. Please let me know if there are any other questions. Thank you so much for your help!
Expert:  Phillips Esq. replied 6 years ago.

Thank you for the additional information. However, I will opt out in favor of another Expert.


Customer: replied 6 years ago.
Ok, Attorney Phillips! Thanks for trying!
Customer: replied 6 years ago.
I have heard nothing from any other Attorney as of yet. Could you please check on this for me. Thank you very much!
Expert:  Jane Doe Deer replied 6 years ago.

Thank you for contacting Just Answer. I look forward to assisting you.


While we write back and forth, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Sometimes I'm unable to read your entire question until AFTER I write back to you.


Although it's usually five minutes, sometimes there can be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If we are writing late at night, I may have to go to sleep and resume helping you the following morning.


I need the following information before I can answer your question:


Can you please tell me approximately how many employees your employer has, worldwide?


I also need to know how long you worked for this employer.


The answers to my questions will help me be able to tell you whether or not you can file a discrimination complaint and/or sue, successfully.


I'll look forward to hearing from you,


Jane Doe Deer


Customer: replied 6 years ago.
There are about 125 -150 employees at Southern Med. Group in Tall, FL. As far as I know this is the only Southern Med Group., they are a group unto themselves. I worked for the company just over 4 yrs. Thank you for your help!! M. Sell
Expert:  Jane Doe Deer replied 6 years ago.

I apologize for the delay in responding to you. Apparently there was something wrong with the JustAnswer system, since I didn't see your response until this morning.


Since there are enough employees, you have the right to file a complaint with both the state discrimination agency and the federal one, the Equal Employment Opportunity Commission (EEOC). In most instances, however, you only have 180 days to file. However, there are some exceptions, so you should at least contact the agencies and discuss this with them


In Florida, you can contact the state agency here:



You can contact the EEOC here: (there's a ton of great information at this website!)


If you start with the state agency, in most states they'll file a complaint with the EEOC on your behalf at the same time.


There are deadlines for filing, so don't delay!


Complaint investigations are free. They're not always the best, XXXXX XXXXX do get a free investigation. If it looks like they are going to file a "no cause" finding, withdraw your complaint before they do. That way, if you go to court, a "no cause" finding can't be used against you.


Before you file a complaint, you may want to talk with an employment discrimination attorney. I don't often say this, but from what you said it sounds like you have a good case if you can prove it.


To find employment discrimination attorneys in Florida, I'd start here:


I'd also try:


Just start with a paid (or if you're lucky, free) consultation. Don't actually HIRE an attorney without first checking references.


It is possible that you may have a case under the FMLA laws.


Frankly, I'm more familiar with discrimination laws (such as disability discrimination) than with FMLA - another good reason to consult with a local employment attorney.


Most of my employment history and interest deals with discrimination. If you have any other questions, please write back.



I'll assume that I have answered your question and will "ACCEPT" my answer unless I hear back from you with follow-up questions.


Bonuses of even a few dollars are much appreciated.




My best,


Jane Doe Deer






Jane Doe Deer, Employment Lawyer
Category: Employment Law
Satisfied Customers: 3896
Experience: Attorney since 1986; Plain English - Discrimination, Fire/Hire, Non-Compete, etc.
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