Can I receive lost wages until I find another job?

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Can I receive lost wages until I find another job?

I was rear ended on Monday 7/4. I called into work the next day. I just started
the job and only had been working there 10 days. I was fired that day because I
called in. Can I receive lost wages until I find another job.

Asked on July 7, 2016 under Employment Labor Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

First of all, an employee can be terminated for calling in assuming that FMLA or PTO was not used (and it probably wouldn't have been considering the short time that you were employed by this company). Therefore, your discharge appears to be legal. As for receiving lost wages, you weren't eligible to receive any unless there is a union agreement or employment contract that provides otherwise. Also, you may have a claim if your discharge constituted some form of legally actionable discrimination (which it does not appear to based on the limited facts presented). As for unemployment, when an employee fired "for cause", then they are not eligible for unemployment. However, you can contact your department of labor for further information on this.


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