resignation

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resignation

My husband was forced to resign – he was out of annual and sick leave time due to illnesses – had doctors notes and fmla leave on most absences – was told they were going to give him an out of cycle review with low scores to get him fired – the HR dept just has a friend that wants his position is why they are pushing him out the door ( not supposed to know that) – Can anything be done about this – he regrets resigning?

Asked on June 21, 2009 under Employment Labor Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Well, it depends.  Is he under a contract or union? What does his employee manual say? In Florida, employment I believe is at will, which means he can be fired with or without cause. 

So, if there are retaliatory reasons for essentially constructively firing him, and he hasn't exhausted his FMLA (up to 12 weeks unpaid), he should a) contact the florida dept of labor and b) try www.attorneypages.com to locate a lawyer.


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