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Florida Wrongful Termination Lawyer
Losing a job can shake up your entire life. It’s one thing if the termination happened for reasons like poor performance or layoffs. But when an employer breaks the law, it hits differently. A wrongful firing affects your income, your reputation, and your sense of security. If you believe your employer illegally let you go, a Florida wrongful termination lawyer from Brenton Legal can help you understand the next steps.
Florida follows “at-will” employment, but that doesn’t give employers a free pass to fire someone unfairly. Federal and state laws offer protection against certain types of illegal terminations. If your employer crossed the line, legal action may help you pursue the maximum compensation available for lost pay, benefits, and other damages.
Contact Brenton Legal now for a free consultation to discus your rights and options.
Understanding Florida Employment Laws
Florida law lets most employers and employees end the working relationship at any time. That’s called at-will employment. But even in an at-will state, certain terminations still break the law.
At-Will Employment in Florida
Florida law doesn’t require employers to give a reason for firing someone. They don’t have to give advance notice either. You can also quit your job at any time, for any reason. This freedom works both ways.
However, this at-will rule doesn’t override federal and state employment laws. What Are My Rights as an employee? Employers can’t use at-will status as an excuse to fire someone for an illegal reason.
Exceptions to At-Will Employment
Some situations limit an employer’s ability to fire at will. These include:
- Discrimination based on race, age, sex, religion, disability, or other protected traits
- Firing someone for reporting illegal behavior or unsafe working conditions
- Retaliating against someone for filing a workers’ compensation claim
- Terminating someone who refuses to break the law
- Violating the terms of a written or implied employment contract
If any of these apply to your situation, your firing may not fall under Florida’s at-will protection.
Federal vs. State Employment Protections
Florida workers benefit from both federal and state protections. Laws like Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) cover many wrongful termination situations.
Florida’s Civil Rights Act offers similar protections and sometimes covers smaller employers not regulated by federal law. Can I Still Sue if my employer violated these protections? The whistleblower law in Florida also gives protection to employees who report violations of law, rules, or regulations.
What Constitutes Wrongful Termination in Florida?
A firing may qualify as wrongful termination when it breaks the law or breaches an agreement between you and your employer.
Discrimination-Based Termination
Firing someone because of their race, color, religion, sex, national origin, age, pregnancy, disability, or genetic information violates anti-discrimination laws. Even if an employer hides the real reason, patterns of behavior and timing can reveal the truth.
Retaliation for Protected Activities
Workers have a right to report harassment, unsafe work conditions, discrimination, and wage violations. Employers can’t retaliate against workers for speaking up. Retaliation may include termination, demotion, or other negative actions taken after a complaint.
Violation of Public Policy
Florida law prohibits employers from firing someone for reasons that go against public interest. This includes firing someone for jury duty, voting, serving in the military, or refusing to break the law.
Breach of Employment Contract
Some employees have contracts that spell out the terms of their employment. If an employer fires someone in a way that violates the contract terms, that may be a breach. This can apply even without a written contract if there’s a clear agreement between both sides
When Can You Sue for Wrongful Termination in Florida?
Not every firing is illegal. But if your employer broke the law, you may have grounds for a lawsuit.
Protected Class Discrimination
If you were fired because of your membership in a protected group, you may have a claim. These groups include age (over 40), race, gender, religion, national origin, disability, and others defined by law.
Whistleblower Retaliation
Florida’s Private Whistleblower Act protects workers who report illegal behavior or policy violations. Public employees also have protection under the Florida Whistleblower’s Act. The Dangers of Whistleblowing include potential retaliation, job loss, and career damage, which is why these legal protections are essential.
Filing Workers’ Compensation Claims
Florida law protects employees who file for workers’ compensation. Employers who fire someone just for filing a claim may face legal consequences.
Refusing to Commit Illegal Acts
If your boss asked you to break the law and you refused, they cannot fire you legally for that reason. Courts take these cases seriously, especially if your refusal involved health or safety risks to the public.
Common Types of Wrongful Termination Cases
Many wrongful termination cases fall into a few common categories. While every case is different, some patterns stand out.
Age Discrimination in the Workplace
Employers sometimes target older workers during layoffs or restructures. If you’re over 40 and believe age played a role in your firing, you may have a claim under the ADEA or Florida law.
Disability-Related Terminations
The ADA and Florida Civil Rights Act protect workers with disabilities. Employers must provide reasonable accommodations unless it causes an undue hardship. Firing someone rather than accommodating them often violates these laws.
Pregnancy and Family Leave Issues
Firing someone for being pregnant or needing time off under the Family and Medical Leave Act (FMLA) is illegal. Employers who interfere with FMLA rights or punish workers for taking protected leave may face legal action.
Sexual Harassment and Hostile Work Environment
When a worker reports sexual harassment and gets fired shortly after, that firing may count as retaliation. Can You Sue if harassment created a hostile work environment and your employer failed to act? Yes, you may also have a wrongful termination claim.
How Do You Prove Wrongful Termination in Florida?
Winning a wrongful termination claim means showing that your employer broke the law. That usually takes more than just your word.
Gathering Documentation and Evidence
Emails, text messages, performance reviews, employee handbooks, and termination letters can all help support your case. Keep records of everything related to your job and firing.
Witness Testimony and Statements
Coworkers or supervisors who saw what happened can help build your case. Their statements can confirm your version of events and challenge the employer’s reasons.
Establishing Timeline and Causation
Timing matters. If your firing came right after a complaint or legal activity, that timing may help show a connection. Putting events in order can make the story clearer to a judge or jury.
Demonstrating Pretext and Employer Motives
Sometimes, employers give false reasons for firing someone. You may need to show that the stated reason doesn’t match your work history or that other workers were treated differently for the same behavior.
Damages and Compensation in Wrongful Termination Cases
A successful case may lead to financial recovery. The law allows several types of damages, depending on your situation.
Economic Damages (Lost Wages and Benefits)
You may recover back pay, including lost wages and benefits, from the date of your firing to the date of settlement or judgment. You might also recover front pay if you haven’t found similar work.
Non-Economic Damages (Emotional Distress)
Wrongful termination often causes stress, anxiety, and loss of self-worth. Courts may award money for these harms if you can show the emotional impact.
Punitive Damages in Egregious Cases
If your employer acted with clear intent to harm or showed gross misconduct, the court may award punitive damages. How to Deal with this type of situation often involves gathering strong evidence and working with a lawyer who understands the severity of employer misconduct. These damages are meant to punish and deter serious wrongdoing.
Attorney’s Fees and Court Costs
Many employment laws allow you to recover attorney’s fees and court costs if your case succeeds. That means you won’t have to pay out of pocket for legal expenses if the court rules in your favor.
What Are the Time Limits for Filing a Claim?
Waiting too long could cost you the right to take legal action. Time limits depend on the type of claim and the agency involved.
EEOC Filing Deadlines
Most discrimination and retaliation claims must start with a charge filed with the Equal Employment Opportunity Commission (EEOC). In Florida, you usually have 300 days from the date of termination.
Florida Civil Rights Act Timelines
Under state law, you have one year to file a complaint with the Florida Commission on Human Relations (FCHR). If the FCHR doesn’t act within 180 days, you can file a lawsuit.
Statute of Limitations for Contract Claims
If your wrongful termination involved a breach of contract, you generally have five years to file under Florida contract law. However, don’t delay. Waiting could weaken your claim.
Importance of Acting Quickly
Preserving evidence and protecting your legal rights requires fast action. The longer you wait, the harder it may be to gather what you need to support your case.
How Our Attorneys Can Help
Brenton Legal helps Florida workers take a stand when their rights get violated. Our team understands what wrongful termination looks like and what it takes to build a strong case.
Case Evaluation and Legal Strategy
We’ll listen to your story and help determine if you have a case. Then we’ll build a strategy that matches your goals.
Investigation and Evidence Gathering
We dig into records, timelines, and witness accounts to uncover the full picture. You won’t have to gather everything on your own.
Negotiation with Employers and Insurance Companies
We handle conversations with employers and their legal teams. If they won’t take responsibility, we push back and fight for the maximum compensation available under the law.
Litigation and Trial Representation
If your case goes to court, we’re ready. We prepare every case as if it might go to trial, even if it ends in settlement.
Alternative Dispute Resolution
Sometimes, mediation or arbitration works better than court. We help you consider your options and pursue the most effective path forward.
Why Choose Our Firm
You have options when it comes to legal help. Here’s what sets Brenton Legal apart.
Experience in Florida Employment Law
We focus on helping workers in Florida. That means we know how the system works in this state and how employers often try to avoid responsibility.
Track Record of Successful Outcomes
We’ve helped many clients resolve wrongful termination cases with strong results, whether through settlement or trial.
Personalized Attention to Each Case
You won’t get lost in the shuffle. Our team gives each case close attention and regular communication.
Contingency Fee Arrangements
You don’t pay upfront. We only get paid if your case results in financial recovery.
Local Knowledge of Florida Courts and Procedures
Florida courts can be different from those in other states. How to Protect Yourself starts with working closely with a Florida wrongful termination lawyer who understands local procedures, rules, and judges.
Steps to Take After Wrongful Termination
What you do after being fired can affect your case. Here are steps you should take right away.
Document Everything Immediately
Write down what happened, including dates, times, names, and any conversations. Save emails, messages, and voicemails.
File for Unemployment Benefits
Apply for unemployment through the Florida Department of Economic Opportunity. You may qualify even if you were fired.
Preserve Evidence and Communications
Keep everything. Don’t delete emails or throw away papers. Evidence may help prove your claim later.
Consult with an Employment Attorney
Talk to a Florida wrongful termination lawyer early. Legal advice can help protect your rights and avoid mistakes.
Understand Your Rights and Options
Every case is different. Getting legal guidance helps you know where you stand and how to move forward.
Frequently Asked Questions About Wrongful Termination in FL
Can I be fired for any reason in Florida?
Not if the reason breaks federal or state employment laws. At-will employment still has limits.
Do I need to file with the EEOC before suing?
Yes. Most discrimination and retaliation claims must go through the EEOC or FCHR first.
How much does it cost to hire a wrongful termination lawyer?
Brenton Legal works on a contingency fee basis. You won’t pay anything upfront. Our payment comes from the outcome of your case.
What if I signed a non-compete agreement?
A non-compete doesn’t stop you from bringing a wrongful termination claim. Can You Collect damages or pursue legal action depends on the details of your agreement and circumstances. Let a lawyer review the agreement and explain your rights.
Can I collect unemployment while pursuing a wrongful termination claim?
Yes. Filing for unemployment doesn’t prevent you from taking legal action against your employer.
Contact Our Employment Law Attorneys for Help
If you believe you were fired for an illegal reason, Brenton Legal is here to help. We offer a free consultation to review your situation and discuss your legal options. Time limits apply, so don’t wait. Call us at (954) 639-4644 to schedule your case review.
Our experienced legal team also handles clients with other types of employment cases, including:
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