HR Specialist: Florida Employment Law

There’s a dark side to doing business in the Sunshine State. Aggressive attorneys don’t stop with federal laws like FMLA, ADA and FLSA: they use state and local living-wage statutes, rural codes, plus discrimination and other laws to sue employers for sky’s-the-limit damages. This Florida-specific newsletter arrives monthly to help sue-proof every aspect of HR. Written in plain English, it’s your insurance policy for staying in step with current interpretations of state and local laws – and staying out of court. Learn more about HR Specialist: Florida Employment Law and the free report you’ll get when you subscribe...

Employees who know they are in trouble often try to protect themselves by asking for FMLA leave. That tactic might work only if the employee can show he was eligible for it.

Recent case: Eric Barker was diagnosed with anxiety and bipolar disorder. His supervisor called a meeting to tell Barker he was being transferred to a different location. That’s when Barker announced the diagnoses and said he might need FMLA leave.

The supervisor still said he was being transferred. Barker refused and was fired. He sued, alleging he had been terminated for needing FMLA leave.

The court tossed out the case because Barker couldn’t prove he was incapacitated by his psychological problems. Therefore, he hadn’t proven he has a serious health condition that made him eligible for leave. (Barker v. RTG Furniture, No. 8:08-CV-484, MD FL, 2009)