Florida Wrongful Termination Lawyer

What Does At-Will Employment Mean in Florida?

Florida is an at-will employment state for most jobs, meaning an employer can usually fire an employee at any time, for almost any reason. They often don’t need to give you advance notice or provide a reason for the termination. 

An employer can’t fire you for a reason that breaks federal or Florida laws. Firing someone for an illegal reason is called wrongful termination.

If you suspect your firing was based on an illegal reason, it is worth contacting a wrongful termination attorney to see if you have a case.

So What Makes a Firing Illegal in Florida?

Even in an at-will state like Florida, employers can’t fire employees for reasons that violate specific laws. If your firing involved any of these situations, it might have been wrongful, and you should contact a Florida wrongful termination lawyer.

Discrimination

Federal and Florida laws protect employees from being mistreated or fired because of certain characteristics. These are often called protected classes. 

It’s illegal for an employer to fire you based on your:

• Race or color
• Religion
• Sex 
• National origin 
• Age (if you’re 40 or older)
• Disability
• Marital status

If you believe you were fired because of one of these factors, you might have been wrongfully terminated. For example, if you were let go shortly after informing your boss you were pregnant, this could be a sign of discrimination. 

Retaliation

Retaliation means an employer punishes an employee for engaging in legally protected activities. 

It’s illegal for your employer to fire you because you:

• Reported discrimination or harassment: If you complained to your HR department, your manager, or an agency like the Equal Employment Opportunity Commission (EEOC) about unfair treatment based on a protected class, your employer can’t fire you for making that complaint in good faith.
• Acted as a whistleblower: Florida has laws protecting employees who report illegal activities, fraud, or unsafe practices by their employer to the authorities or internally.
• Filed a workers’ compensation claim: Your employer can’t fire you if you were injured on the job and filed a claim for workers’ compensation benefits.
• Took legally protected leave: If you took time off work that is protected under laws like the Family and Medical Leave Act (FMLA) for your own serious health condition, to care for a sick family member, or the birth or adoption of a child, your employer cannot fire you.
• Complained about wage violations: If you raised concerns about not being paid correctly, such as not receiving overtime pay you were owed, your employer cannot fire you in retaliation.
• Refused to do something illegal: Your employer can’t fire you if they ask you to break the law and you refuse.

Breach of Contract

While many Florida jobs are at-will, some employees have contracts that change this arrangement. Sometimes, promises made in an employee handbook can also create contract-like obligations, though this is less common.

If your employment contract states that you can only be fired for specific reasons (often called “for cause”), like serious misconduct or poor performance, your employer must follow the contract. 

Firing you for a reason not listed in the contract, or without following the steps outlined in the agreement (like a warning process), could be a breach of contract. 

If you had an agreement that promised employment for a specific length of time, being fired before that time is up without a valid reason stated in the contract could also be a breach.

Signs Your Firing Might Have Been Unlawful

It’s not always obvious when a firing crosses the line from unfair to illegal. Employers who are acting unlawfully may try to hide the real reason for their decision. 

However, there are sometimes clues or patterns that might suggest your termination was wrongful.

Suspicious Timing

Were you fired soon after you complained about harassment, reported unsafe conditions, requested FMLA leave, filed a workers’ compensation claim, refused to do something illegal when asked, or revealed a pregnancy or disability? 

A close connection in time between a protected action and your firing can be a red flag.

Weak Reason

Did the reason your employer gave for firing you seem made up, vague, or did it change over time? If you had good performance reviews and were suddenly told you were not meeting expectations, it might warrant a closer look.

Different Treatment

Did other employees act similarly to you but were treated less severely? For example, if you were fired for being late once, but other coworkers are often late without being fired, it could suggest the stated reason isn’t the real reason.

Biased Comments

Did your supervisor or coworkers comment about your age, race, gender, religion, disability, or other protected status before you were fired? 

Company Failed To Follow Its Own Policies

Did your employee handbook outline a specific disciplinary process or reasons for termination? If your employer didn’t follow their own written rules when firing you, it might support a claim, especially if you have a contract.

What Could You Recover in a Wrongful Termination Case?

While every wrongful termination case is unique, potential compensation could include:

• Back pay: This is the salary or wages and benefits you lost from the time you were illegally fired until the date of a settlement or court judgment.
• Front pay: If getting your job back isn’t practical, you might receive compensation for future lost earnings for a period of time while you are reasonably expected to find a comparable new job.
• Emotional distress: Being wrongfully fired can cause significant stress, anxiety, and mental anguish. You may be able to receive compensation for this emotional harm.
• Punitive damages: In some cases where the employer’s conduct was particularly reckless or malicious, punitive damages might be awarded. These are intended to punish the employer and deter similar conduct in the future. 

Sometimes, getting your job back (reinstatement) is a possible remedy, but it is often less common than financial compensation, especially if the relationship with the employer is damaged.

What Should You Do If You Suspect Wrongful Termination?

If you believe your firing in Florida might have been illegal, taking the right steps now can protect your rights. 

Act Promptly

There are strict time limits, called statutes of limitations, for filing wrongful termination claims. These deadlines vary depending on the type of claim and the specific laws involved. 

Missing these deadlines usually means losing your right to seek compensation, no matter how strong your case is. 

Talk With a Florida Wrongful Termination Lawyer

The best way to understand if your firing was illegal and what options you have is to talk to a Florida wrongful termination attorney. A lawyer can evaluate your situation and advise you on the potential validity of your claim.

Gather Important Information

Try to collect any documents related to your job and your firing. This information can be very helpful when discussing your situation with an attorney. Useful items might include:

• Employment contract or offer letter
• Employee handbook and company policy documents
• Notice of termination or severance agreement
• Performance evaluations or reviews
• Emails, memos, or other written communications related to your job performance or your firing
• Pay stubs or records of your earnings
• Notes you took about specific events, dates, and conversations related to your job or firing

Be Careful About Signing Agreements

Signing a severance agreement could mean giving up your right to file a wrongful termination claim. It’s best to have a Florida wrongful termination attorney review any severance agreement before you sign it.

How Brenton Legal Can Help You if You Suspect Wrongful Termination

If you believe you were wrongfully terminated in Florida, Brenton Legal is here to help you navigate the situation. We understand the laws that protect employees, and we know how to approach these sensitive cases. 

Here’s how a Florida wrongful termination lawyer can help.

Evaluate Your Case

We’ll listen carefully to your story to understand the circumstances surrounding your employment and your termination. We’ll assess your case and tell you if we think your termination was unlawful and if you have a potential legal claim.

Explain Your Rights and Options

Employment law can be complicated, so we’ll explain your rights in plain language, cutting through the legal jargon. Our wrongful termination attorneys in Florida will discuss the laws that might apply to your situation, such as anti-discrimination laws, whistleblower protections, or contract law. 

Your options may include negotiating a settlement, filing a government agency claim, or suing in court.

Guide You Through the Process

If you choose Brenton Legal, we will guide you through the legal process. This may include gathering evidence, communicating with your former employer or their lawyers, preparing legal documents, and representing you in negotiations or court.

We’ll handle the legal complexities so you can focus on moving forward.

Fight for Fair Compensation

We help wrongfully terminated clients get justice and compensation by fighting for lost wages, compensation for emotional distress, and sometimes other damages, depending on the case. 

If you lost your job and suspect it was for an illegal reason, don’t hesitate to seek help. Call Brenton Legal at (954) 519-3065 to learn how we can support you.

Frequently Asked Questions About Wrongful Termination in Florida

I Thought Florida Was an At-Will State. Can I Still Be Wrongfully Terminated?

Yes, you can. While it’s true that Florida is generally an at-will employment state, which means employers can fire employees for almost any reason or no reason at all, there are important exceptions. 

At-will does not mean an employer can fire you for an illegal reason. Federal and Florida laws prohibit employers from firing employees based on discrimination, in retaliation for protected activities, or for something that violates an employment contract. 

If your termination falls under one of these illegal exceptions, it could be wrongful termination, even in an at-will state.

What Happens During the Free Consultation With Brenton Legal’s Florida Wrongful Termination Lawyer?

The free consultation is your opportunity to discuss your situation with us in a confidential setting, with no obligation to hire our firm. You will talk to a member of our legal team who will listen carefully to the details of your employment and termination. 

We’ll ask questions to better understand what happened and give you our initial thoughts on whether your firing might have been unlawful. 

Do I Need Proof That My Firing Was Illegal? What Kind of Evidence Helps?

Yes, to successfully pursue a wrongful termination claim, you generally need evidence suggesting the employer’s reason for firing you was illegal. Employers rarely admit to illegal motives, so proof often comes from surrounding circumstances. 

Helpful evidence can include emails, memos, and other communications, your performance reviews, witness statements, and the timing of your firing. 

During your consultation, we can discuss what information might be available and how we can help gather evidence if you decide to proceed.

Call a Florida Wrongful Termination Lawyer at Brenton Legal for a Free Consultation Today

If you were fired from your job in Florida and believe the reason was illegal, you may have legal options. Brenton Legal is ready to listen to your story and provide clear guidance. We fight for Florida employees against wrongful termination.

Call us now at (954) 519-3065 or contact us online.