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  1. #1
    Join Date
    Oct 2006
    Posts
    1

    Cool Can I sue after being fired for having a broken foot?

    A couple of weeks ago I was fired from my Job at Super Target in Clearwater, Florida. I came into work after calling out a couple of days before because my foot was sore and swollen. I went to the emergency room, they told me it was a fractured foot, they gave me a note saying that it was fractured and to stay off the foot for a couple of weeks with a cast on it. I went to work a couple of days later with the note, my Human Resources Rep. said that wasn't good enough and said either I come back to work or I'm fired. I had no choice, I had to stay home, my foot was killing me and I was in a cast. It said plainly on the note to stay off the foot and it was fractured. I also work in the bakery; you're consistently standing and moving around, there was no way I could have gone back to work for a couple of weeks. So my question is, can they do this and if not can I sue them for this? If anybody can give me some insight, it would be appreciated, thank you.

    -matty82

  2. #2
    Join Date
    Mar 2005
    Location
    Florida
    Posts
    435

    Default Re: Can I sue afte being fired for having a broken foot?

    Florida is an at-will state. they can basically fire you for anything at anytime.

    was the broken foot an on the job injury? were you claiming workman's comp?
    this could change things.

    if you hurt ur foot off work, i don't think you have a case against target.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,389

    Default Re: Can I sue afte being fired for having a broken foot?

    Need more information before we can say. You were fired for having a broken foot; you were fired because of the amount of time you missed/needed to have off. Whether or not that was legal and whether you have any legal recourse depends on your answers to the following questions:

    1.) How long have you worked for this employer?
    2.) How many employees does your employer have within 75 miles of your location?
    3.) In the last 12 months, have you worked at least 1,250 hours?
    4.) How much time, if any, have you missed for medical reasons in the last 12 months?
    5.) Was the fracture as a result of something that happened at work and if so, did you inform your employer of that?

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