One of the many concerns facing divorcing Floridians involves the security of their employment. Divorce brings about a great many financial changes, and having the resources to meet one’s financial needs is a top priority for most spouses in Florida or elsewhere. Fortunately, one state has recently addressed the issue of a worker being terminated over the fact that a divorce was underway, and found that such termination was wrongful.
That case centers on a man who worked for 17 years as part of a Rescue Squad. His wife and several of her relatives worked for the same organization. The man began having an affair with a woman who worked as a volunteer under his supervision. As can be expected, his wife found out about the affair, and the marriage became volatile.
Both the man and his wife separately approached management to discuss the matter. When the man asked if his job would be at risk due to the divorce, he was told that it would depend on how things turned out. When he moved out of the family home and notified his supervisor, the issue was brought to the attention of the Board, and the decision was made to terminate the man’s employment.
He took the wrongful termination case to court, but it was initially dismissed. An appellate court found that a person’s status as separated or in the midst of a divorce should be considered as part of one’s marital status. The case ended up before the state’s Supreme Court, which ruled that a person’s divorce could not be used as justification to terminate employment. The man will now be able to take the matter back before the lower court, and can ask for remuneration for the loss of his job. For Florida readers who are concerned about the security of their employment as they prepare to divorce, this case should provide a measure of confidence.
Source: philly.com, “Divorce no reason to be fired, N.J. justices rule“, Michael Boren, June 21, 2016
