Wrongful Termination in Florida
Wrongful Termination in Florida
Florida law gives employers broad authority when it comes to hiring and firing, but that authority has limits. A termination becomes wrongful when it violates state or federal protections, or when it breaches an employment contract.
Being dismissed from a job is never easy, but it is especially difficult when the decision was unlawful. A wrongful termination attorney in Florida can explain your rights and help you fight for justice.
Florida is one of the strictest at-will employment states in the country. Under this doctrine, employers may end the employment relationship at any time, but there are important exceptions.
Wrongful termination may occur in cases of unlawful discrimination, retaliation for refusing to participate in illegal conduct, or for taking leave guaranteed under federal law. Workers are also protected from being fired for filing a workers’ compensation claim.
The National Conference of State Legislatures notes that Florida does not recognize the implied contract or the covenant of good faith exceptions.
Types of Wrongful Termination
Wrongful termination in Florida can take many different forms. In some situations, an employer deliberately violates the law; in others, they may not understand the full extent of employee protections. Large employers often rely on human resources staff, but mistakes still happen. If you suspect your dismissal was improper, it is important to seek guidance from an attorney. Below are some common warning signs of wrongful termination.
Limitations of At-Will Employment
At-will employment gives both employers and employees the ability to end the working relationship at almost any time. However, Florida employers may not terminate workers for unlawful reasons, including discrimination or retaliation. State and federal laws prohibit these types of dismissals.
Florida is also a right-to-work state, as guaranteed by its Constitution. Employers and unions cannot deny or condition employment based on union membership or non-membership. Workers retain the right to bargain collectively, but public employees do not have the legal right to strike. Beyond these rules, employers also cannot fire workers in retaliation for reporting misconduct. If you were dismissed for one of these reasons, you may have grounds for a claim.
Discrimination
Discrimination is one of the most frequent bases for wrongful termination lawsuits. Employers may not fire employees based on race, religion, sex, national origin, age, pregnancy, ethnicity, or disability. These protections are established under federal law. Some states add broader protections, and in many workplaces, discrimination claims also involve sexual orientation or gender identity.
If you believe you were dismissed for a discriminatory reason in Florida, you may be eligible to file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC). Working with an experienced Florida employment attorney can help ensure your claim is properly filed and supported by the evidence needed to achieve the best possible result.
Retaliation
Employers also cannot fire workers in retaliation for engaging in certain legally protected activities. These include taking approved medical leave, filing discrimination complaints, reporting harassment, or participating in an investigation of workplace violations. Retaliatory firings are unlawful and may entitle you to compensation.
Florida law provides additional protections under the Whistleblower’s Act. Public employees are shielded from retaliation if they disclose unlawful activity. Private-sector workers are also covered under a separate statute, though they must first report issues internally before going to an outside agency. This requirement gives employers a chance to correct the problem.
Protections also apply to employees fulfilling civic duties such as voting, serving on a jury, or military service, and to workers reporting workplace safety or environmental violations.
What to Do If You’ve Been Wrongfully Terminated in Florida
If you were wrongfully terminated, you may be entitled to reinstatement, lost wages, compensatory damages, or other forms of relief. Because the definition of wrongful termination depends on your circumstances, consulting with an attorney is the best way to determine your rights. A lawyer can evaluate your case under both state and federal standards.
Acting quickly is important. Florida law places strict deadlines on filing complaints. Employees must file with the Florida Commission on Human Relations (FCHR) within 365 days of the adverse action. To preserve federal protections, a complaint must also be filed with the EEOC within 300 days. Missing these deadlines could prevent you from pursuing your claim.
Step One: Gather Evidence
Strong evidence is essential for proving wrongful termination. Collect any employment contracts, emails, performance reviews, or correspondence related to your dismissal. If you still have access to your workspace or email account, use the opportunity carefully to gather documentation. Always respect confidentiality agreements to avoid complications. The more detailed your records, the stronger your case will be.
Step Two: Find an Attorney
Florida’s employment laws are complex, and wrongful termination cases require specialized knowledge. Hiring an experienced lawyer ensures your case is evaluated thoroughly and handled properly. An attorney can help you build a strong claim, identify the laws that apply, and represent you throughout the process.
Step Three: File a Complaint
If you have not yet consulted a lawyer, the EEOC offers a self-assessment tool to help workers decide whether to file a claim. Still, an attorney makes the process much easier by drafting your complaint, notifying your employer, and guiding you through resolution. Many wrongful termination disputes settle before going to trial.
In Florida, the FCHR handles state-level complaints. The first step is to complete an online Employment Discrimination Questionnaire. Depending on your situation, the FCHR may also refer your case to another agency, such as the Inspector General.
At the federal level, the Tampa Field Office, part of the EEOC’s Miami District Office, oversees complaints for 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 when you have already faced unfair treatment at work. An attorney provides critical support by explaining your rights, preparing your claim, and representing your interests.
Are you ready to pursue justice after a wrongful termination? Submit a request online or call us today at (866) 345-6784 to connect with an experienced Florida wrongful termination lawyer.
We can even help you connect with an attorney across Florida state lines.
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
Not satisfied? Click here to learn about a different area of Florida law.
