Wrongful Termination in Florida

What Is Wrongful Termination?

While an employer does have discretion over the hiring and firing of employees, there are certain circumstances where a worker can file for wrongful termination. Termination becomes wrongful when it violates Florida law, federal law, or an employment agreement. Being fired from a job is never easy. A dedicated wrongful termination lawyer understands your rights as an employee and will fight to protect them.

Florida is one of the strictest employment-at-will states. Under Florida law, there are few exceptions, including unlawful discrimination. Other exceptions include retaliation for refusing to participate in illegal activity, taking leave permitted by federal law, and filing for workers’ compensation. According to the National Conference of State Legislatures, Florida does not honor the implied contract, or covenant of good faith and fair dealing exceptions.

Types Of Wrongful Termination

In Florida, there are many different instances where wrongful termination can take place. In some cases, an employer is ignorant of labor laws and may not even realize they have erred. This is why big corporations rely on human resources experts. You should always turn to an attorney if you suspect wrongful termination. In the following paragraphs are some of the red flags that you should watch out for.

Limitations of At-Will Employment

Because one of the most common forms of employment is at-will, there are limitations to this. At-will employment doesn’t allow an employer to fire a person for any discriminatory reason. Florida state, federal, or local laws prohibit these reasons.

The Florida Constitution clearly defines the right-to-work status of the state. Specifically, employers and unions cannot deny a person employment on account of membership or non-membership in a union. As well, the Constitution protects an employee’s right to bargain collectively. However, public employees do not have the right to strike.

An employer also can’t fire an employee as a form of retaliation for reporting any illegal activities within the company. Were you fired for any of these reasons? If so, you may be able to file a wrongful termination lawsuit against your employer.

Discrimination

Discrimination is one of the most common forms of wrongful termination. When an employee is fired because of their race, religion, sex, national origin, ethnicity, pregnancy, age, or disability, it violates established laws meant to protect specific personal characteristics. There are also some states that prohibit employers from discriminating based on the gender identity or the sexual orientation of their employees.

If you believe that you have been penalized or fired in Florida  for one of these discriminatory reasons listed above, you may be able to file a claim with the United States Equal Employment Opportunity Commission. An experienced Florida attorney can walk you through the process to help ensure the best possible outcome.

Retaliation

Your employer can’t fire you for certain protected activities. For example, your employer can’t fire you for taking medical leave, or for participating in an investigation of job violations and wage violations. Additionally, filing a complaint with the EEOC, or informing your employer about discrimination or harassment, are not fireable offenses. 

Florida’s Whistleblower’s Act prohibits a public-sector employer from punishing an employee for disclosing information regarding unlawful behavior. Specifically, the employer cannot dismiss, discipline, or change the employee’s conditions of employment in a negative way. A separate Florida Statute provides similar protections to private-sector employees. The key difference is that the private-sector employee must first report the information internally. This is necessary, so that the employer has an opportunity to correct the activity.

There are some states that also prevent employee termination for taking time off to vote, perform jury duties, or serve in the military. You also have some protection if your employer has fired you for reporting a violation of safety laws or environmental regulations.

What To Do If You’ve Been Wrongfully Terminated in Florida

Are you suffering from wrongful termination? You may be entitled to compensatory damages, reinstatement, back pay, and other forms of relief. However, the exact definition of wrongful termination will depend on where you live. To find out, contact a dedicated and qualified wrongful termination lawyer. Discuss your circumstances and the Florida laws that your employer has to follow in your area.

Remember that there are usually time constraints on how long you can wait to file your claim, so don’t delay. This could cause evidence to slip through your fingers or you may miss the deadline altogether. You want a favorable outcome and so will your lawyer, so try to approach your case as proactively as possible, even before you are certain you have one.

An employee or an applicant for employment must file a complaint with the Florida Commission on Human Relations no later than 365 days after a negative action occurred. However, to preserve your claim under federal law, you must file a complaint with the Equal Employment Opportunity Commission within 300 days.

Step One: Gather Evidence

It’s important to start gathering all the evidence you can, no matter how small. Ideally, you had reason to suspect that your employer might terminate you wrongfully and started the process some time before. If you need to return to the office to clear out your desk or still have access to the work email, use the opportunity wisely. However, be mindful of any employment agreements or confidentiality issues.

Step Two: Find an Attorney

Hiring an experienced Florida wrongful termination lawyer will help you take the first steps so that you make a strong case to get the outcome you seek. Florida employment laws are intricate and are constantly changing. Therefore, you should always work with an attorney who focuses on this specific area.

Step Three: File a Complaint

If you have not yet had your case reviewed by an attorney, the EEOC built a self-evaluation tool to help you decide if filing a claim with them is an appropriate way to handle your case. An attorney simplifies this part of the process by helping you to write the complaint. You serve your employer notice. Then, the resolution process starts there. Note that not all cases make it to a courtroom as some employers prefer to settle.

The Florida Commission on Human Relations (FCHR) outlines the steps to complete in order to file a complaint with the FCHR. The first step is to complete an online Employment Discrimination Questionnaire. If applicable, the FCHR may refer your inquiry to another agency, such as the Inspector General.

If you are filing with the Equal Opportunity Commission (EEOC), the Tampa Field Office handles complaints in Florida. The Tampa Field Office is part of the EEOC’s Miami District Office, which covers Florida, Puerto Rico, and the Virgin Islands.

Why You Should Hire A Wrongful Termination Lawyer

Filing a wrongful termination lawsuit in Florida can be overwhelming, especially if you’ve been treated unfairly by your employer. Speaking to an experienced lawyer can help you to understand what legal rights you have as a victim and if your case is applicable for wrongful termination. For some people, the opportunity to have someone listen helps to ease the burden they’ve been carrying.

We understand that finding the right attorney can be hard. This is why we created our service to connect clients in need with experienced Florida attorneys. To match with the right lawyer, you simply provide your location, category, and some other additional information. We then send you your options as soon as they are available.

Our company charges no fees to connect you with the legal services you need. Some Florida attorneys or practice areas may require legal fees upfront, but there are many that do not. Some professionals may not charge a single penny at all until they win your case.

Are you ready to find a qualified Florida attorney who can help you fight for your job or get justice for the wrongful termination you suffered? We can even help you connect with an attorney across Florida state lines.

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