can you sue for wrongful termination in florida?

Can you sue for wrongful termination in florida?

In Florida, the concept of wrongful termination is typically not recognized.

Although there are some limited cases where it can apply.

Florida follows the at-will employment principle.

Allowing employers the freedom to terminate, promote, demote, hire, or discipline employees without specific reasons or even without any reason.

It’s important to note that the term “at-will” is distinct from “right-to-work.”

Which is unrelated to wrongful termination and instead ensures that employees are not obligated to join a union to work in a specific job.

An image illustration of Sueing for Wrongful Termination in Florida
Sueing for Wrongful Termination in Florida
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Potential forms of wrongful termination in Florida

In Florida, it’s illegal to fire someone based on factors like race, age, gender, pregnancy, and more. Reporting discrimination or harassment won’t get you fired.

If you object to discrimination or refuse to participate in illegal activities, you may be protected as a whistleblower if your employer has at least 10 employees.

Your employer can’t fire you for making a worker’s compensation claim.

If you’ve worked for at least 12 months and your employer has 50 or more employees, you may have protections under the Family and Medical Leave Act when taking leave for personal or family medical reasons.

You can’t be fired for objecting to unpaid wages or being wrongly classified as exempt from overtime.

If you’re subpoenaed to testify against your employer, they can’t fire you for it.

Termination due to pregnancy, childbirth, or stereotypical beliefs about women with children is not allowed.

If your contract says you can only be fired for cause, your employer may need to compensate you if they end it early.

In cases of layoffs, your employer should provide information about the ages of others laid off to check for age discrimination.

What Are the Wrongful Termination Laws in Florida?

Wrongful termination laws in Florida involve being fired for unlawful reasons, such as discrimination or contract breaches.

Protected characteristics include race, gender, age, religion, and disability, among others.

Florida follows at-will employment, but there are exceptions, including federal and state protections.

FMLA and ADA may also provide safeguards. During the pandemic, some laws extend protections to employees with COVID-19, but this varies by state.

Check your state’s specific laws for COVID-19-related protections.

An image illustration if you Can sue for Wrongful Termination in Florida
Can you sue for Wrongful Termination in Florida
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How to File a Wrongful Termination Lawsuit in Florida

In Florida, if you’ve been fired for unlawful reasons, you can pursue a wrongful termination case.

Unlawful reasons include actions that violate public policy, punish an employee for safety concerns.

Typically, Florida employers are not required to give notice before termination, except for two exceptions.

when an employment agreement mandates notice or if it contradicts the company’s termination policies in their employment handbook.

Florida law protects whistleblowers who report employer illegal activities to authorities in writing.

Such cases can lead to court orders against further law violations, lost wages, job reinstatement, and other appropriate damages.

Before initiating a wrongful termination lawsuit in Florida, file a complaint with the Florida Commission on Human Relations.

The state agency responsible for enforcing wrongful termination laws.

Consult an experienced Florida wrongful termination attorney if you suspect wrongful termination.

State employment laws vary, and a local attorney can assess your rights, review employment documents, help gather evidence, file complaints, and represent you in court if necessary.

Frequently Asked Questions

  • What’s the process for demonstrating wrongful termination in Florida?
  • Is it possible to succeed in a wrongful termination lawsuit in Florida?
  • What’s the time limit for filing a wrongful termination lawsuit in Florida?
  • What’s the maximum amount you can seek in a wrongful termination case?
  • What is the potential value of a wrongful termination lawsuit in Florida?
  • What’s the highest settlement ever awarded in a discrimination case?

ALSO READ : How to get your Job back after being Wrongfully Terminated

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