what is the difference between aggr assault and aggr battery on a spouse?

hello. I was fired this past march from my job of 8.5 years. My situation started in July 08. I was home on workmans comp due to torn acl. During this time I was going through a divorce where I found out that my wife was having an affair. I have been married 19.5 years. I ended up goin out with a neighbor and having a few drinks. This was the first time that I had been out in 15 years. I ended up getting in a confrontation where I was arrest for aggrevated assult. I did not call work about the situation but I was going to once I returned to work. In January I plead guilty and received 30days jail, 18 months of probation and a withheld of ajudication. While I was in jail my soon to be ex-wife called my work and let them know I was in jail. I did my time and about a month later I returned to work. I was let go because of the arrest. My question is, I found out that there are two people at my job who commited aggr battery on their wifes and still have a job. Is this fair?

Asked on June 6, 2009 under Employment Labor Law, Florida


M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You employer could decide to fire you for a multitude of reasons.  The real analysis here is whether there is an actionable reason why you have been treated differently than other employees who are similarly situated.  Perhaps a hypothetical will illustrate this point.  Imagine that you commit a murder, and are fired from your job.  However, you discover that there are two other people working at your job, who have not been fired, who have both committed murders in the past.  Obviously, your job's decision to fire you for the murder would be independent of their decision not to fire the other two murderers.  However, if you can demonstrate that you were fired solely due to some other protected reason, such as race, national origin, gender, or sexual orientation, then your employer may become liable.  So, for example, if you are a man but the other two murderers are women, you may be able to demonstrate that you were really fired due to your gender and  that the murder was "mere pretext."  Nevertheless, if you feel that your rights are being violated you should consult with a skilled employment attorney.

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