Most employment in Florida is at-will employment. This basically means that an employer, or an employee, can end employment for any reason at all, as long as it is legal.
Illegal termination of someone’s job is called wrongful termination. The most common examples of wrongful termination are discrimination, breach of an employment contract and refusal to do a job or complaining because the employer is itself doing something that violates public policy or is illegal.
Wrongful termination can be a difficult issue to address as it involves assessing the reason for termination against both Florida and federal labor and anti-discrimination laws.
If you believe you have suffered wrongful termination of your employment, you do have legal options but it is better to talk to an employment lawyer before filing a complaint with a state or federal agency.
Types of Wrongful Termination
In Florida, wrongful termination is illegal termination of an employee’s employment. The most common reasons why termination of employment could be considered illegal include:
- discrimination;
- breach of an existing employment contract;
- retaliation for doing something perfectly legal;
- violation of state or federal public policy.
Discrimination
There are both state and federal laws that prevent employers discriminating against their employees for a variety of reasons. The most common cases of discrimination which are illegal are based on:
- age;
- disability;
- gender;
- gender identity
- racial origin;
- religion;
- political affiliation;
- pregnancy.
If an employer terminates an employee for any of the above reasons, even if it is only one of the reasons for termination, then this could be considered wrongful termination.
Breach of Contract
If an employee has an employment agreement or contract with the employer then the terms and conditions concerning termination will govern what an employer or an employee can and cannot do.
The employment is not at-will, so the employer cannot just fire an employee without a justified reason as set out in the agreement. If an employee is fired under conditions which breach the employment contract then this could be considered wrongful termination under Florida labor laws.
Retaliation
If an employee does something which the employer doesn’t like, yet is perfectly legal, such as take leave for bereavement or sickness, or apply for workers’ compensation after a workplace or injury, then the employer cannot legally terminate their employment.
Retaliation could be for many other things such as the employee complaining that the employer is doing something illegal, sometimes referred to as whistleblowing.
Violation of Public Policy
If the employee refuses to do something at work or complains because of a violation of public policy, then any termination of employment could be regarded as wrongful.
To use an example from the recent Covid-19 (health) provisions in force, an employee may refuse to do something at work if it meant being forced to break social distancing rules or face improper sanitary facilities.
If the employee was sacked for this refusal of a mandatory state or federal health order then this could be considered wrongful termination.
How to Sue for Wrongful Termination
The first step if you believe you have been wrongfully terminated is to try and discuss the termination with your employer or the HR department if there is one. You may be able to resolve the issue that led to the termination without having to see a lawyer, file a complaint etc.
If you have no success, then you should talk to an employment lawyer about your situation and why you think you have been wrongfully terminated.
The legal options depend a lot on the reasons for termination and how much evidence you have that can show you were wrongfully terminated.
You would normally file a complaint with either a state or federal agency. This depends on the number of employees at your workplace and the nature of the complaint. Your lawyer will be able to provide advice about who to file your complaint with.
For example if you believe that you suffered discrimination and this was the reason for termination, you would file a complaint with the federal Equal Employment Opportunities Commission (EEOC) if your workplace had more than 15 employees.
Other complaints of wrongful termination may be filed with the nearest federal Department of Labor Wages and Hours Division.
If you have no success with government agencies your lawyer may advise filing a lawsuit directly against your employer for wrongful termination.
Get Help Today
It can be difficult complaining about wrongful termination in Florida without the help of an experienced employment lawyer. You are advised to talk to a lawyer before filing a complaint with a government agency. Fill out a free evaluation form today.
