Laid Off

I am writing on behalf of my son (my son has Asperger's Disorder, a high-end form of Autism). He worked part-time for CVS for 11 months. He had no disciplinary or any other problems at work. Since July he has not been given any work hours due to lack of business but was being told that he would be given hours when business picked up so he hung in for months with no work. He stopped by the store today to see if he had any hours and he had been removed from the roster. He questioned it and was told he was "laid off". When he asked if he should have gotten a notice they told him "if you don't get any hours for 90 days you are automatically terminated". His last working day was 7/18/2010 and today is 10/2/2010 so it has only been 76 days since his last work day.

1 answer  |  asked Oct 2, 2010 2:01 PM [EST]  |  applies to Florida

Answers (1)

William Carnes
I am not sure what is your question.

If your son has a disability, he should not be discriminated against because of the disability if he can accomplish the essential functions of the job with or without a reasonable accommodation.

Florida is an employment at will state and so long as the employer does not violate the law the employer can terminate an employee for a good reason, bad reason or no reason at all.

Unfortunately, this firm cannot render a competent legal opinion based on an unsolicited factual scenario. Your query requires more facts to allow for proper consideration by an attorney. A consultation with an attorney at this office frequently requires more than two hours of the attorney's time to complete. The attorney and the client meet to discuss the facts and review any documentation. We conduct a general discussion of the law, and the attorney advises the client of the options the client may wish to consider. After the consultation, the attorney reviews the notes, researches the law, if necessary, and drafts a summary follow-up letter to the prospective client.

During our consultation, we may discuss, among other things, the general nature of employment law in Florida, statutory discrimination claims, unemployment compensation benefits and claims strategy, workers' compensation benefits and filing requirements, common law causes of action, severance benefits, contractual considerations, benefit continuation considerations and the administrative procedural requirements for filing a discrimination claim against an employer.

Should you decide to pursue this matter, it is important to remember that you will have the burden of proving your case. You must provide the witnesses and other evidence, direct and circumstantial, necessary to prove the elements of the specific charge against your employer. I urge you to do what is necessary to make a sound decision on whether to pursue or to abandon your case.

The above is not a legal opinion and cannot be relied upon as such. There is no attorney-client relationship created by responding to this inquiry. Should you wish to get a legal opinion upon which you can rely, the only way is to hire an experienced employment attorney in your local area who can get all of the facts, research the law and explain your options to you.

posted by William Carnes  |  Oct 4, 2010 07:53 AM [EST]

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