I realize employers don't have to have a reason to terminate an employee in Florida. But if there is proof on paper of being fired because a Dr. states someone doesn't need to be doing the job they were never hired in for in the first place, what are the grounds to sue if any?

If an employee is paid under the table, so to speak, for doing what they were hired to do, then asked to temporarily do another job (until employer can find someone else) on top of the other part of the job that turns into a 17 month thing.

The dr. says no more and the employer doesn't hear what he says, the BF tells her, and she doesn't hear it, then surgery comes and a letter is written by the employee saying that is it....NO MORE! Health will not allow it and whala!! She hears but gets mad about it.

Employer then makes the employee and her BF (also an employee....not under the table) miserable with picky things trying, they believe to make them mad enough to quit. (Housing is also provided to employees since the job is taking care of her acreage and everything on it).

While taking garbage out employees find 2 apps. that were filled out by employer to do a background check on these people. Giving more reason to believe employer wants employees to leave and in expectation of being fired.

Employees send another letter requesting that if termination is on the horizon the employer put in writing when and how long before they need to vacate. Also 2 school age children involved so thoughts are employer is waiting for school to be let out for the summer before she says anything to employees.

Any thoughts on this would be so appreciated. What recourse if any do employees have? Also employee that is paid under the table is barely paid and has just started recieving disability this year.

Thanks for listening!

Huh????????????? :confused:

Unless the reason for the termination can be proven to be solely because of a statutorily protected characteristic, such as age, gender, national origin, race, religion, etc., or as retaliation for the employee reporting a violation of law to the appropriate regulatory agency, then it isn't illegal and, therefore, not a "wrongful termination".

If an employee is being paid as an independent contractor, when he/she does not qualify as such, it is the employee's responsibility to report this to the IRS. Are you sure the worker doesn't qualify?

If the employer doesn't have at least 100 employees, the WARN Act does not apply and, therefore, the employer doesn't legally have to give any notice of the closure of the business.

Pattymd no one has reported anything to anyone in this. The employer has paid $150 cash every week to her employee for 4 yrs. now to do a certain job. The job she was hired in to do. Then the employers husband passed away and she asked her employee to run her to various appointments until she could find someone else. She never found anyone else because she never looked. Her employee had medical issues then and has even more now. Because of this her Dr. wrote a note to the affect that it was playing on her health sitting in the car for several hrs. a day. The employer ignored it. She also ignored the BF telling her she needed to find a driver. Not until the employee herself wrote a letter to her employer did she finally get what had been told to her for months. She then got mad and has made the lives of the employees rough. They feel they are going to be terminated, especially since the finding of the apps. in the garbage. There have been several letters written in an attempt to remedy the problem with the employer to no avail.

I hope this better explains it.

Thanks again!

It doesn't change the answer. The doctor does not run the employer's business and if FMLA is not involved, the employer is free to disregard a doctor's note, which has no force in law. This is still not a wrongful termination and there are still no grounds to sue. It is the employer's right to change the job duties of the employees at will unless there is a bona fide contract that says otherwise.

The employee is free to report the incorrect IC status to the IRS. Hopefully the employee has been making tax payments on this under the table income; the IRS isn't going to let that pass, either.

Thank You. I will pass this on.

Even if it can be proven the termination was due to her getting mad over her employee not being able to drive her around, but still being able to continue the original job? Which she has done. What about the man she has lived with for all these years? What about him beiing terminated for no reason at all? Same thing?

This woman has only 6 employees by the way.

if the doctors note state for you to not due this job, and they still reqire you to preform the job, it is a violation of the americans with disability act, listed under reasonable accomidation

for example if a cashier brings a note that she needs a chair to sit on while she works, at that time the employer can put you on leave until you are heathy enough to return to work or they must provide the chair. a week later the employee is terminated for not working without the chair then they violated reasonible accomidations.

That is not necessarily true. First of all, not every medical condition by a long shot qualifies for ADA protection. Secondly, the employer is not required by the ADA to provide the accomodation the doctor recommends.

The employees are no longer employed by this woman that gave them such frustrations. The end to it all was in June papers were served to the employees by an attorneys office of the employer. (Not by a deputy)

The papers gave no reason at all for termination. Stated that they had been employed for 4 years and given a house to live in which there was no reason for concern that it wouldn't be left in the same condition it was when they moved in because the employer knew it was kept up by employees. Gave them until June 30th to leave and they would be paid until then. And they were.

The lady that is on disibility no longer works. She takes it easy and takes her medicine now and feels so much better. Her BF is also alot happier on his new job.

So it all ended well. Thanks for everything

if the doctors note state for you to not due this job, and they still reqire you to preform the job, it is a violation of the americans with disability act, listed under reasonable accomidation

for example if a cashier brings a note that she needs a chair to sit on while she works, at that time the employer can put you on leave until you are heathy enough to return to work or they must provide the chair. a week later the employee is terminated for not working without the chair then they violated reasonible accomidations.
If there are only 6 employees, ADA doesn't apply.