Florida Lifeguard Fired for Helping to Save Drowning Beachgoer

A lifeguard was recently fired for leaving his post to save a beachgoer who needed help in another section of the beach.

2012-08-19

August 19, 2012 (Press-News.org) A lifeguard at a Florida beach was recently fired by his employer for helping save a drowning man. The lifeguard said that he was told a man was struggling in the water, so he left his post to help him. By the time he got to the section of beach where the man was, he had been pulled out of the water by other beachgoers. The lifeguard stayed with the man to help him until paramedics arrived.

After the man was rushed to the hospital, the lifeguard returned to his post and was immediately fired by his employer. The lifeguard's employer has a policy that forbids lifeguards from leaving their assigned area of the beach for any reason. Two additional employees were fired for supporting the terminated lifeguard and four others quit in protest of the company policy.

After the company did an investigation of the incident, it apologized to the lifeguard and offered to rehire all the affected employees.

While this situation may seem to many as a clear case of wrongful termination, employers often have a lot of flexibility when it comes to legally firing employees. Certain rules must, however, be followed.

Types of Wrongful Termination

Although most employees are considered "at will" employees -- meaning they can be fired by their employers at any time, for just about any reason -- that does not mean that companies have the carte blanche ability to fire workers. In some cases, firing an employee may result in a wrongful termination action by the employee against his or her. Following are examples of illegal termination:
- Discrimination: Employers cannot fire employees based on the employee's race, gender, religion, age (if the employee is over 40 years old) or disability. In addition, an employee cannot be fired for being pregnant or developing a medical condition.
- Public policy: Employers are prohibited from terminating employees when the firings would be a violation of public policy. Examples of this include firing workers for refusing to commit an illegal act at the request of the employer, firing employees for whistleblowing when the employer commits an illegal act or firing employees for doing something that they have the right to do -- such as taking family leave. Nor can employers terminate employees for complaining about Occupational Safety and Health Administration (OSHA) violations.
- Lie detectors: Under the Employee Polygraph Protection Act, employees cannot be terminated for failing to take a lie detector test at the company's request.

If you believe you have been inappropriately fired from your job, consult with an experienced employment lawyer to determine if you have an actionable claim for wrongful termination.

Article provided by Feldman, Fox & Morgado, P.A.
Visit us at www.floridatrialattorneys.net/

ELSE PRESS RELEASES FROM THIS DATE:

Informed Consent is More Than Just Agreeing to a Medical Procedure

2012-08-19

Every person has a right to the personal integrity of his or her body. No one should ever be forced, coerced or misled into having his or her bodily integrity violated, but especially when it involves health care procedures and the medical professionals we trust. Pennsylvania law recognizes this and requires that "informed consent" be given prior to medical procedures being performed. People often only think of informed consent as the act of signing a piece of paper before undergoing a medical procedure; essentially, just officially agreeing to it. But informed ...

Deportation Takes a Tragic Toll on the Children of Immigrant Families

2012-08-19

Stability, continuity, a sense of belonging -- these features of daily life that most of us take for granted are essential to a child's emotional wellbeing. It's hard to imagine a child being ripped away from a beloved parent or another close family member at a young age. Yet, that's exactly what has been happening for a long time under U.S. immigration policy, and new research shows it is the children who are paying for it. Kids Fear That Their Life Could Be Uprooted At Any Moment According to a 2010 analysis from the Pew Hispanic center, an estimated 340,000 babies ...

New Law Allows Officers to More Easily Eavesdrop on People

2012-08-19

In the climactic scenes of crime thrillers, the "good guys," often portrayed by the police or someone within a criminal syndicate, wear a wire (a recording device) to catch the "bad guy" admitting to his crimes. In the movies, the bad guy often slips up and is recorded stating what the plan or crime is/was, and then the recording is used by prosecutors to convict the bad guy of various criminal charges. Until recently, a scene like this would not play out in Illinois, unless the police went before a judge, presented evidence and received authorization. ...

Wisconsin Supreme Court Issues New Ruling in Miranda Rights Case

2012-08-19

You've probably seen it on TV: the police arrest someone, and read them their "Miranda rights." But do you know as much as you should about what these rights really mean? Although they are sometimes referred to as "Miranda rights," the rights contained in a Miranda warning actually come from the U.S. Constitution and its state-level equivalent. The Miranda warning is a reminder that police must give to suspects before conducting any custodial questioning -- if police fail to give a Miranda warning, any incriminating statements that a suspect makes ...

Mental Health Needs of Aging Population Need Attention

2012-08-19

By 2030 Maryland and the rest of the nation can expect the population of seniors to be nearly double what it is today. Along with the increased number of elderly come increased health concerns, including the often-overlooked issue of mental health problems. Health care workers are already bracing for the wave of physical ailments that will need more attention as the population ages, but readiness to deal with additional mental health issues is lacking. A recent eye-opening study from the Institute of Medicine reports that there are not enough medical personnel trained ...

Women's Financial Stability Post-Divorce

2012-08-19

Following divorce, women typically suffer financially more than man and a percentage find themselves living in poverty. Women face challenges of entering a job market after possibly being absent for a number of years as well as the gender wage gap. Although women face unique struggles there are several ways to obtain stability. Updating Accounts An essential step after divorce is to change all records to reflect the divorce. Passports, driver's licenses, health insurance plans, bank accounts, credit cards and asset titles must all be changed to reflect any new life ...

VA Disability Benefit Backlog Growing Larger

2012-08-19

All qualified veterans with service-connected disabilities are entitled to receive veterans' disability benefits from the Department of Veterans' Affairs. Unfortunately, a huge backlog in the system means that many veterans are not getting their VA disability benefits as soon as they should be. As of July 2012, there were nearly 920,000 claims pending with the VA. Approximately 66 percent of those applicants had been waiting for more than 125 days. The backlog can be attributed to a number of different factors. New battlefield medical technology is allowing soldiers ...

Car Accidents in Connecticut Construction Zones: Causes and Remedies

2012-08-19

Backed up traffic. Flashing lights. Narrow, winding lanes and confusing signage. Navigating a construction zone can be a challenge even for the most experienced drivers. Car accidents in construction zones are all too common in Connecticut and throughout the United States. But, by knowing more about the threats they are likely to face, the steps drivers can take to help protect themselves and how to address the fallout after an accident, motorists can be prepared for whatever dangerous construction zones throw in their way. The Hazards of Construction Zones According ...

How to Appeal When You've Been Denied Veterans' Benefits

2012-08-19

Don't assume that the Veterans Administration will get it right the first time. The law of veterans disability benefits is complex and often misunderstood. Veterans regularly appeal VA decisions either because they are not compensated at the correct disability percentage or they are completely denied service connection. There is recourse for those who need a second opinion or want to fight for their benefits: Veterans who are denied benefits can take advantage of an appeals system that allows them to challenge the decisions made by a regional Department of Veterans Affairs ...

Massachusetts' Alimony Reform Law Has Huge Effect on Divorcing Spouses

2012-08-19

A marriage is a spiritual relationship. A marriage is a unique social commitment. But, marriage also is a financial partnership. Often the earnings of one partner far outpace those of the other. While a spouse who does not earn a large weekly paycheck relies on his or her partner's earnings, he or she contributes to the marriage in other ways that the Court recognizes. For this reason, the Court may make an alimony, or spousal support order. The higher-earning partner typically pays alimony to the lower-earning partner upon divorce. Alimony helps ease the couple's inevitably ...

LAST 30 PRESS RELEASES:

DDT residues persist in trout in some Canadian lakes 70 years after insecticide treatment, often at levels ten times that recommended as safe for the wildlife which consumes the fish