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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 16028
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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i have a daughter who was a bakery chef at a major hotel. She

Resolved Question:

i have a daughter who was a bakery chef at a major hotel. She has Asperger syndrome and her supervisor was constantly berating her in spanish and talking about her behind her back in spanish. My daughter does not speak spanish and was having trouble sometimes understanding the instructions she was given.
Today she was fired because of the problems with herself and her supervisor.
Does she have any legal recourse? She had not been at the job for 3 months yet.
Submitted: 1 year ago.
Category: Employment Law
Expert:  wallstreetfighter replied 1 year ago.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

Does she feel her disability, gender or lack or national origin, may be the reason for the termination?

wallstreetfighter :

Florida is an at will State and an employer is allowed to terminate any employee for any reason, except if it violates an employees protected civil rights. If she was terminated for her disability, or gender, or national origin, she can file a discrimination case against the employer, and they will investigate the matter, and try to settle the case with the employer. Florida Commission on Human Relations
2009 Apalachee Parkway
Suite 100
Tallahassee, FL 32301
Phone:(NNN) NNN-NNNNbr/>Toll-Free:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNNbr/>Florida Relay Service -
TDD ASCII Callers:(NNN) NNN-NNNNbr/> TDD Baudot Callers:(NNN) NNN-NNNNbr/> Voice Callers:(NNN) NNN-NNNNbr/>E-Mail: fchrinfo@dms.state.fl.us
Web Address: http://fchr.state.fl.us


wallstreetfighter :

Besides a discrimination case, she would have no other legal options as FL is an at will State,

Customer:

She does feel she was discriminated against, yes. We all do

wallstreetfighter :

Then her best option is to file a civil rights complaint as soon as possible,

wallstreetfighter :

by doing this, the employer may try to settle the matter with her,

wallstreetfighter :

and even offer her job back, as to avoid a civil rights complaint.

Customer:

okay, thank you for the address to file

wallstreetfighter :

She can also write the employer or HR a letter stating the same as well,

Customer:

she doesn't need an attorney to file this does she?

wallstreetfighter :

and see if they try to contact her,

Customer:

okay, thank you very much

wallstreetfighter :

no attorney is needed,

wallstreetfighter :

she can file the complaint herself,

wallstreetfighter :

To file a claim with the EEOC, contact the nearest local EEOC office. More information about filing a claim with the EEOC can be found at http://www.eeoc.gov/facts/howtofil.html.








EEOC — Miami District Office
One Biscayne Tower
2 South Biscayne Boulevard
Suite 2700
Miami, FL 33131
Phone:(NNN) NNN-NNNN
TTY:(NNN) NNN-NNNN/td>
EEOC — Tampa Area Office
501 East Polk Street, 10th Floor
Tampa, FL 33602
Phone:(NNN) NNN-NNNN
TTY:(NNN) NNN-NNNN/td>
wallstreetfighter :

She can also file a complaint with the EEOC, if the State agency will not take the case,

wallstreetfighter :

The EEOC will handle disability discrimination complaints as the ADA is Federal law,

wallstreetfighter :

The ADA is the Americans with Disabilities Act,

wallstreetfighter :

and prohibits discrimination of employees due to their disability.

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

wallstreetfighter :

If satisfied please provide us with positive feedback.

Customer:

so which does she file with the florida commission on human relations or the EEOC?

wallstreetfighter :

She should file with the Florida commission first,

wallstreetfighter :

If they state to contact the EEOC, you would then contact them,

wallstreetfighter :

If her only complaint is a disability complaint, I would start with the EEOC.

Customer:

thank you

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 16028
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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