Fired for evacuating

[Sweetlysour]

What is the name of your state (only U.S. law)? Florida

 

[Sweetlysour]

Irma

Is it legal to be fired for evacuating? I was a CNA at a nursing home

 

[PayrollHRGuy]

Your only hope would be to sue under the state's whistleblower staute. Because the employer, by asking you not to leave under a mandatory evacuation would be asking you to break the law. The success of such cases is mixed though.

I read an article on this during the evacuation but can't put my hands on the link at the moment. If I find it I will add it to this thread.

The Florida UI agency has stated they will not disqualify anyone who is terminated because they followed a mandatory evacuation.

 

[commentator]

Which, for Florida, is gigantic!
So file immediately, and probably your employer will be begging you to come back to them in no time.

 

[Ohiogal]

Did you leave your job before making sure that the people at the nursing home were safe?

 

[LdiJ]

Did you leave your job before making sure that the people at the nursing home were safe?

Where does it indicate that she was on duty when she evacuated?

 

[Ohiogal]

Where does it indicate that she was on duty when she evacuated?

It doesn't. I was asking a question. Hence waiting for an answer. Because many in nursing homes were left in harm's way by employees.

 

[LdiJ]

It doesn't. I was asking a question. Hence waiting for an answer. Because many in nursing homes were left in harm's way by employees.

I understand that. I saw it on the news as well. However, a CNA is pretty low on the overall employee scale so its not so fair of a question to ask a CNA.

 

[Ohiogal]

I understand that. I saw it on the news as well. However, a CNA is pretty low on the overall employee scale so its not so fair of a question to ask a CNA.

yes it is. She doesn't say when she evacuated or whether she called off of a shift when they needed help, if she left her job in the midst of a shift or anything else. The timing of when she evacuated matters. Because a CNA has responsibility to their patients. As do the nurses and other staff.

 

[Taxing Matters]

I understand that. I saw it on the news as well. However, a CNA is pretty low on the overall employee scale so its not so fair of a question to ask a CNA.

It’s certainly fair to ask the question. Whether it would be fair to deny a CNA unemployment benefits if he/she left work without first ensuring patient safety is another matter, and to make that assessment I would need to know all the facts of what happened.

 

[quincy]

Is it legal to be fired for evacuating? I was a CNA at a nursing home

Here is a link to the Occupational Safety and Health Administration offices in Florida: https://www.osha.gov/oshdir/fl.html

If a workplace is unsafe, an employee generally cannot be retaliated against for refusing to work, unless the work itself has inherent dangers (as is the case with firefighters, law enforcement officers, emergency relief workers).

That said, here is a link to Gillyard v. Delta Health Group, Inc, 757 So 2d 601 (Fla 5th DCA 2000), which speaks to a mandatory evacuation order which failed to support a retaliatory discharge claim.

https://www.leagle.com/decision/20001358757so2d60111302

 

[commentator]

I agree there is a huge difference between standing there knee deep and deciding while actually on the job and working that you need to evacuate the area, leaving your patients to drown (or cook in the heat later) and not coming in for your shift because you've taken your family and evacuated the area all together. If an employee doesn't show up for a shift because they have obeyed the general order to evacuate, that is sort of a no fault reason not to come to work and if the patients suffer that is not really their fault.

The owners and managers and administrators of those nursing homes are getting paid HUGELY to oversee and administer patient care, mostly in government money, too by the way, and in my humble opinion it is absolutely their responsibility to make sure their patients are in a safe and secure place. To penalize a CNA who's being paid minimum wage for really grinding labor for not staying in town and coming in to cover their shift as scheduled, when a general evacuation order has been given would be excessive. The circumstances of someone who left their worksite during a job related weather emergency situation and ran for cover would be different. Most of the people who work in this field are doing a good job because they do care about patients and are eager to help people, else they'd get something easier and better paying.

 

[LdiJ]

I agree there is a huge difference between standing there knee deep and deciding while actually on the job and working that you need to evacuate the area, leaving your patients to drown (or cook in the heat later) and not coming in for your shift because you've taken your family and evacuated the area all together. If an employee doesn't show up for a shift because they have obeyed the general order to evacuate, that is sort of a no fault reason not to come to work and if the patients suffer that is not really their fault.

The owners and managers and administrators of those nursing homes are getting paid HUGELY to oversee and administer patient care, mostly in government money, too by the way, and in my humble opinion it is absolutely their responsibility to make sure their patients are in a safe and secure place. To penalize a CNA who's being paid minimum wage for really grinding labor for not staying in town and coming in to cover their shift as scheduled, when a general evacuation order has been given would be excessive. The circumstances of someone who left their worksite during a job related weather emergency situation and ran for cover would be different. Most of the people who work in this field are doing a good job because they do care about patients and are eager to help people, else they'd get something easier and better paying.

I wish we still had the like button.

 

[Ohiogal]

I agree there is a huge difference between standing there knee deep and deciding while actually on the job and working that you need to evacuate the area, leaving your patients to drown (or cook in the heat later) and not coming in for your shift because you've taken your family and evacuated the area all together. If an employee doesn't show up for a shift because they have obeyed the general order to evacuate, that is sort of a no fault reason not to come to work and if the patients suffer that is not really their fault.

The owners and managers and administrators of those nursing homes are getting paid HUGELY to oversee and administer patient care, mostly in government money, too by the way, and in my humble opinion it is absolutely their responsibility to make sure their patients are in a safe and secure place. To penalize a CNA who's being paid minimum wage for really grinding labor for not staying in town and coming in to cover their shift as scheduled, when a general evacuation order has been given would be excessive. The circumstances of someone who left their worksite during a job related weather emergency situation and ran for cover would be different. Most of the people who work in this field are doing a good job because they do care about patients and are eager to help people, else they'd get something easier and better paying.

This is why I need the questions I asked answered. Hence why I asked the questions I did. Since OP hasn't answered, I am going to guess she cut and run.