What is Florida's Employment Law for Wrongful termination

Hired and Fired At Will: What is Wrongful Termination Under Florida Employment Law?

Knowing your rights after a wrongful termination in Florida can help you when you seek financial reimbursement.

Summary

• Florida is an at-will employment state, meaning employers can terminate employees without notice or reason, but there are exceptions for illegal terminations.
• Wrongful termination may occur if an employee is fired due to discrimination, reporting illegal activity, making a worker’s compensation claim, or refusing to participate in illegal practices.
• Proving wrongful termination requires evidence, such as performance reviews, complaints, emails, and witness statements that show an illegal reason for the termination.
• Employment attorneys can assess potential wrongful termination cases, gather relevant evidence, and represent employees to pursue compensation like lost wages, damages, or reinstatement.

---

Losing a job is always tough, especially when it carries devastating financial consequences for you and your family. Although Florida is an at-will state, there are specific circumstances that may constitute a wrongful termination under the law, which can provide the basis for legal action.

If you believe that you were wrongfully terminated from your job, you should discuss your case with a St. Petersburg labor and employment attorney from Jones Law Group. We can offer key insight into Florida employment law and what protections it affords to employees based on our years of experience fighting for Florida’s workers. Call us at (727) 571-1333 or complete a contact form to schedule a free consultation.

What Does At Will Employment Mean?

The at-will employment law is common in the United States, with all 50 states having an at-will policy. At-will means that the employed party may leave their job at any time for any reason without advanced notice, and the employer may fire the employee at any time without advanced notice.

However, 42 out of the 50 states have an exception stating that an employee may not be fired if the employee’s termination would violate the state’s public policy doctrine or a state or federal statute. The eight states that have exceptions to this rule are:

• Alabama
• Florida
• Georgia
• Louisiana
• Maine
• Nebraska
• New York
• Rhode Island

In Florida, three limited conditions can override an at-will agreement. Those three exceptions are:

1. If the employee has disclosed or threatened to disclose activity, policy, or the employer’s practice that violates a rule, law, or regulation.
2. If the employee has provided information to a government agency or testified before them against the employer.
3. Or if the employee objected to or refused to participate in any activity that the employer asked them to, that may have violated a law, rule, or regulation.

In these three cases, the employer is not legally allowed to take any retaliatory action against the employee, including firing them.

Can I be Fired for No Reason?

Firing employees with no reasoning poses not only the question of ethics but law. Some state that if you live in an at-will state, you can be fire for absolutely no reason. And while this is partially true, some circumstances in which firing employees can be considered wrongful—even in an at-will state.

If you are fired for:

• Discrimination: Termination due to race, age, sex, pregnancy, national origin, marital status, color, region, or disability is considered workplace discrimination. This practice is illegal in Florida as long as the company you work for has more than 15 employees.
• Reporting or objecting to discrimination: You cannot be fired for reporting harassment or discrimination.
• Objecting to or refusing to participate in discrimination, harassment, or illegal activity
• Making a worker’s compensation claim
• Taking leave due to sickness, disability, or medical condition of a family member
• Being owed overtime or wages: You cannot be fired for objecting to not being paid for your time or filing an overtime and wage claim.
• Breach of control: If your contract states that you can only be terminated for cause, your employer may have to pay you the rest of the contract if they end it early without reason.

If you were fired for any of these circumstances, under Florida law you might be able to file a wrongful termination lawsuit against your employer.

When is Termination Considered Wrongful in the State of Florida?

Termination is considered wrongful when you are terminated for no reason other than one that is illegal. For example, if you’re fired after filing a worker’s compensation claim, that would be considered wrongful termination.

However, termination is only wrongful when there is no other reason for your firing. You must be able to prove that there was no other reason for which they fired you. If you can, then you may be able to file a claim for wrongful termination under Florida law.

To be wrongfully terminated is to be fired for an illegal reason involving the violation of state or federal laws. For example, as anti-discrimination laws, breach of contract, or many other set-in-stone laws, such as Florida’s exception laws.

Most often, wrongful termination occurs as retaliation for something that an employee has done and not because of discrimination. If you’ve been fired as retaliation for reporting a workplace injury, sexual harassment, or discrimination, you may be able to bring legal action against your former workplace.

Can I Sue a Company for Wrongful Termination in Florida?

If you’ve been wrongfully terminated, you may have the legal rights to severance pay, damages, or unemployment compensation that you were not given by your employer when you were wrongfully fired.

If you’re thinking about filing a lawsuit against your employer to receive compensation, make sure that your case is iron-clad and that there’s no possible reason for your firing to have been justified.

Often, wrongful termination is assumed when the employer has a completely legal and justified reason for firing someone. However, if you’re unsure of your case’s strength or whether you have a case at all, talking to an employment law attorney will be your best bet.

How Do I Prove Wrongful Termination?

Since Florida is an at-will employment state, claiming wrongful termination will require you to prove that the reason for termination is prohibited by law. Proving this can be difficult, especially where you have little or no evidence to support your claim. 

That is why it is important to keep a detailed record of anything relating to events leading to your termination. You can do the following to build a strong case: 

Gather Relevant Evidence

Proving this type of employment cases can be difficult, especially where you have little or no evidence to prove your claim. That is why it is important to keep a detailed record of events leading to your termination. Some of the relevant documents include:

• Employment Contract: This document outlines the terms of your employment, including termination procedures and reasons for termination.
• Performance Reviews and Evaluations: Positive reviews can contradict claims of poor performance.
• Documentation of Complaints or Issues: Keep records of any complaints you filed or issues you reported to your employer.
• Emails, Texts, and Memos: These can provide evidence of discriminatory or retaliatory comments or actions. Avoid deleting any communication that could prove important if an issue arose.
• Witness Statements: If others witnessed discriminatory or retaliatory behavior, obtain their statements.
• Company Policies and Procedures: Ensure you have copies of relevant company policies, especially those related to termination and discrimination.

Have a Detailed Timeline of Events

Besides maintaining a strong paper trail, taking note of the timeline of events leading up to your termination is equally important. 

For example, if you get fired a few days or weeks after reporting workplace harassment, making a worker’s compensation claim, or even taking leave due to sickness, the dates of these events will matter. Keep all dated records, taking note of the specific timelines if possible.

Consult with an Employment Attorney

Before taking any legal action, you need to be sure that you have a valid claim. An experienced employment lawyer understands the specific laws and exceptions that apply to your case. They can therefore assess the circumstances surrounding your termination and advise you on whether you can claim wrongful termination.  

A lawyer is familiar with legal procedure and knows the evidence you need to build a strong case. They can also help you gather such evidence and represent you in court where necessary.

When Should I Hire an Employment Law Attorney?

You should hire an attorney as soon as possible after being fired if you believe that your termination was wrongful. A Florida employment attorney will help determine whether or not you have a wrongful termination case against your employer under current law.

They’ll also be able to help you get the compensation that you deserve for any severance and unemployment benefits. This is accomplished by negotiating with your employer if possible, or filing a wrongful termination claim in court if necessary.

Schedule a Free Consultation with Our Skilled Employment Attorneys

Getting fired without notice can be frustrating, especially when you strongly believe that you have been wrongfully terminated. You don’t have to deal with any of it alone. Our skilled employment attorneys at Jones Law Group are known for their vast experience and expertise in handling employment cases. 

 We are ready to fight for your legal rights to get you the compensation you deserve. For more information, contact the Florida employment law attorneys at Jones Law Group online or at 727-571-1333.

---

Frequently Asked Questions

Can I be fired over the phone in Florida?

Yes. Although it may be deemed unprofessional, no law prohibits employers from doing so. Unless your employment contract has specified a particular procedure of termination, you can be legally fired over the phone in Florida.

Since it is an at-will employment law state, employers can terminate an employee without providing notice as long as it is not prohibited by law.

What remedies am I entitled to for wrongful termination?

If your claim is successful, you may be entitled to lost wages, punitive damages, attorney’s fees, reinstatement or emotional distress damages. The specific remedies available will depend on the circumstances of your case. An attorney can help you determine the damages you are entitled to upon reviewing your case. 

How long do I have to file a lawsuit for wrongful termination in Florida?

The statute of limitations for wrongful termination in Florida vary depending on the specific type of claim. For example, breach of contract claims have to be filed within five years.

However, for employment discrimination claims, you have between 180 days and one year to file a claim. This depends on whether you file under federal or state law. It is best to consult a lawyer as soon as possible for advice on the legal timeline for your claim.