Can I sue my previous employer for firing me over a supervisor’s mistake?

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Can I sue my previous employer for firing me over a supervisor’s mistake?

I went into work very sick could barely work, so I talked with my supervisor about checking if I had enough unpaid time off to take one day off. He checked and said I had enough time and could go home but I got fired the next day because I really didn’t have enough unpaid time off.

Asked on August 28, 2012 under Employment Labor Law, Florida

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally, you cannot sue because you were  terminated because of a mistake or otherwise.  However, there are two general exceptions.  The first is if the termination if really based on some other illegal and discriminatory purpose (i.e. gender, racial, or age discrimination), and the attendance issue is just a pretext for the illegal purpose.  The second general basis is if you were not an at-will employee.  Florida is an at-will employment statement which means that the relationship can be ended by either side (employer/employee) at any time for any reason.  The exception to that principle is if you signed an agreement which took you out of the employment at-will category.  If so, then you would have the right to sue pursuant to that agreement as set out by that agreement.


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