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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20398
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I am employeed with a nursing home. I work Tues-Sat. I have

Customer Question

HI, I am employeed with a nursing home. I work Tues-Sat. I have asked my employer for days off throughout the year for vacations, family emergencies or just to have time off. When I have asked off for the time my boss approved all of the time off. Now my question is, Can an employer fire someone for asking for days off
Submitted: 2 years ago.
Category: Employment Law
Customer: replied 2 years ago.
my boss is making it a very hostile envirnment
Expert:  Marsha411JD replied 2 years ago.

Hello,

Thank you for the information and your question. The first thing to understand is that Florida is an employment "at will" state. That means that generally speaking an employer may terminate an employee for any, or no, reason and with no notice or warning unless the termination would violate a contract, is motivated by discriminatory intent or bias because the employee is a member of a protected class under employment discrimination laws, or is in retaliation for the employee exercising their statutory rights.

So, unless a situation falls within one of the exceptions I mentioned, they could let an employee go even if the reason was unfair or misguided. That said, an employer could not terminate an employee who qualified for time off either under the FMLA (serious health condition) or the ADA (in the case of some employees who have disabilities.) But they could let someone go who they just thought asked for too much time off (other than FMLA and ADA issues). Again, they need no reason or excuse to terminate.

Please let me know if you need any clarification or have a follow up question. I would be glad to try to assist you. If not, if you could take a moment to leave a positive rating in the box above, I will receive credit for my efforts to assist you in understanding the law. Thank you

Customer: replied 2 years ago.
I know it is a right to work state. So even if the employer approves time off, they can still fire me. What are my rights?
Expert:  Marsha411JD replied 2 years ago.

Thank you for your reply. This is not a "right to work" issue, as that has to do with forced union membership. It is an employment "at will" issue, as I mentioned. I also discussed the law in detail and what the only exceptions are. So, I have discussed your rights. Unless your employer terminates you in violation of one of the specific exceptions to "at will" employment I described in detail, there is no legal recourse. As mentioned, they can be as unfair and arbitrary as they wish unless they violate one of those exceptions. If your situation falls within the exceptions (please review my initial answer for those so I don't have to restate what I already covered completely), then you would want to sit down with a local employment law attorney to discuss whether they think you have a basis to file suit.

But again, "at will" employment gives the employer the right to be unfair and misguided, except under those few exceptions detailed in my prior response. Not favorable to the employee, but that is the law.