What can file against the hotel for wrongful dismissal?
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What can file against the hotel for wrongful dismissal?
My sister was employed with a hotel chain for a few years. There was a robbery at the hotel and her and another female employee were held hostage. After that incident, she was dismissed and during both situations, she was pregnant. With her salary, she used to assist her mom with medical bills. She was the larger source of income in the household with her husband and 3 year old son. What can she file against the hotel?
Asked on July 25, 2012 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If your sister did not have an employment contract, she was an employee at will. An employee at will may generally be terminated at any time, for any reason that is not illegal discrimination. So, for example, being pregnant doesn't protect her from being fired--but it does mean that she cannot be fired simply because she is pregnant (though she could be fired for other reasons, including a belief she somehow acted wrong during the robbery, even though she was pregnant at the time). If there was no employment contract, then unless your sister can show that the termination was due to illegal discrimination against her (e.g. because she was a woman--which inlcudes being pregnant--or because of her race, religion, age over 40, or disability), she most likely does not have a claim for wrongful termination.
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