Best Wrongful Termination Lawyers in Florida

About Wrongful Termination Law in Florida, United States

Wrongful termination occurs when an employee is fired from their job for reasons that are illegal under federal or state law. In Florida, most employment relationships are considered "at-will," which means employers can terminate workers at any time, for almost any reason, or even for no reason at all, so long as it does not violate the law. However, there are important exceptions. If an employer fires someone for reasons that are discriminatory, retaliatory, or violate employment contracts or public policy, that termination could be wrongful and subject to legal action.

Why You May Need a Lawyer

Navigating wrongful termination claims can be complex. Here are some situations where legal advice is especially important:

• You believe you were fired due to your race, gender, age, disability, religion, national origin, or another protected characteristic.
• You were let go after reporting discrimination, harassment, or illegal activities at your workplace (whistleblowing).
• Your termination violated the terms outlined in your employment contract or an employee handbook.
• You were dismissed for taking legally protected leave, such as medical or family leave.
• You are unsure if your layoff or firing was handled fairly and legally.
• You need help negotiating a severance package or understanding your rights regarding unemployment benefits.

An experienced attorney can help you evaluate your case, file necessary complaints, negotiate settlements, or represent you in court if needed.

Local Laws Overview

Florida’s wrongful termination laws are shaped by both federal statutes and state-specific rules. Key aspects include:

• At-Will Employment: Florida is an at-will state, but there are exceptions if termination is based on illegal reasons.
• Protected Classes: Employers cannot fire someone based on protected categories such as race, sex, religion, color, national origin, age, disability, or marital status. These protections are enforced through federal laws (like Title VII of the Civil Rights Act and the Americans with Disabilities Act) as well as the Florida Civil Rights Act.
• Retaliation Prohibited: State and federal laws prohibit firing employees for reporting discrimination, harassment, unsafe working conditions, or other legal violations.
• Public Policy Violations: Employees cannot be fired for reasons that violate state public policy, such as serving on a jury or serving in the military.
• Employment Contracts: If there is a contract that limits employer’s right to terminate, those terms must be followed. Breach of contract can be grounds for a wrongful termination claim.
• Filing Claims: Most wrongful termination disputes begin with filing an administrative charge with a state or federal agency before going to court.

Frequently Asked Questions

What is at-will employment and how does it affect wrongful termination in Florida?

At-will employment means employers can terminate workers at any time for any reason, except reasons that are illegal under state or federal law. So, unless your firing involved discrimination, retaliation, or violated a contract or public policy, it may not count as wrongful termination.

What reasons for firing are considered illegal in Florida?

It is illegal for employers to fire you for reasons based on protected characteristics like race, religion, sex, age, disability, national origin, or for retaliatory reasons like reporting discrimination, harassment, or participating in an investigation.

Can I be fired for reporting workplace safety concerns?

No, federal and state whistleblower laws protect employees who report safety violations or illegal activity from retaliation, including wrongful termination.

How do I file a complaint about wrongful termination in Florida?

Most wrongful termination claims begin by filing a charge with the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR). These agencies will investigate and may try to mediate or resolve the dispute.

What is the time limit for filing a wrongful termination claim?

You generally have 300 days to file a discrimination charge with the EEOC or 365 days with the FCHR, but some deadlines are shorter depending on the specific law that applies. It is best to act quickly to protect your rights.

What evidence will I need for a wrongful termination claim?

You should gather any relevant employment records, documentation of your job performance, communications with your employer, and any evidence showing the reason for or surrounding your termination.

Can I sue my employer directly in court?

Usually, you need to file with an administrative agency like the EEOC or FCHR first. They will investigate and issue a "right to sue" notice if they do not resolve the case, which allows you to file a lawsuit in court.

Does Florida law require employers to provide a reason for termination?

Florida law does not require employers to provide a reason for termination unless there is a written contract or collective bargaining agreement that states otherwise.

Are layoffs or reductions in force considered wrongful termination?

Layoffs or reductions due to business reasons are generally legal, but if the selection was based on discrimination or retaliation, the termination could be considered wrongful.

What kind of compensation can I recover if my claim is successful?

You may recover lost wages, benefits, compensation for emotional distress, reinstatement, attorney's fees, and sometimes punitive damages, depending on the circumstances of your case.

Additional Resources

If you need help understanding your rights or filing a claim, consider contacting these organizations:

• Equal Employment Opportunity Commission (EEOC) - Handles federal workplace discrimination and retaliation claims.
• Florida Commission on Human Relations (FCHR) - Investigates state-based discrimination and retaliation complaints in Florida.
• United States Department of Labor (DOL) - Offers information and assistance related to wage, leave, and unemployment issues.
• Florida Bar Lawyer Referral Service - Connects individuals with attorneys experienced in employment law.
• Local Legal Aid Organizations - Provide free or low-cost legal assistance for qualified individuals.

Next Steps

If you suspect you have been wrongfully terminated, consider taking the following steps:

• Review your employment contract, employee handbook, and any written communications related to your termination.
• Document the circumstances of your dismissal and gather supporting evidence.
• Contact a qualified employment attorney to review your situation and clarify your legal options.
• File a charge with the relevant administrative agency (EEOC or FCHR) within the required time limit.
• Cooperate with agency investigations and follow their guidance on how to proceed.
• If provided a "right to sue" notice, consult your attorney about filing a lawsuit in Florida court.

Legal processes can be stressful and complex, but with the right resources and professional help, you can protect your rights after a potentially wrongful termination.