Has your employer fired you for an illegal reason?

Florida is an at-will state, so most employers can fire you without giving a reason or warning. They can’t fire you for an illegal reason. Florida and federal laws ban firing someone because of their race, sex, age, disability, pregnancy, religion, or national origin. These laws also protect you if you’re fired for reporting illegal conduct, filing a workers’ comp claim, taking family or medical leave, or serving on a jury.

When a firing breaks one of these laws, you may recover lost pay and benefits, money for emotional distress, and your attorney’s fees. Some filing deadlines are as short as 300 days from the date you were fired. A Florida wrongful termination lawyer at Brenton Legal can tell you which laws apply and what your claim may be worth.

Key takeaways

  • Employer size decides which laws protect you. Florida and federal discrimination laws apply to employers with 15 or more workers, federal age law to 20 or more, Florida’s private whistleblower law to 10 or more, and the FMLA to 50 or more.

  • The bar for refusing illegal orders is higher. Since the Florida Supreme Court’s May 2026 Gessner ruling, private-sector workers must prove the conduct they refused actually breaks the law. A sincere belief isn’t enough.

  • Florida law can raise your recovery. Federal law caps emotional distress and punitive damages combined at $50,000 to $300,000, depending on employer size. Florida sets no cap on emotional distress damages against private employers.

  • A severance release can end your right to sue. If you’re 40 or older, you get at least 21 days to review the agreement and 7 days to cancel it after you sign.

  • Florida’s lawsuit deadline changed on July 1, 2026. You now have 1 year to sue after the FCHR’s cause finding or the EEOC’s Notice of Right to Sue, whichever comes first.

About the Florida wrongful termination lawyers at Brenton Legal

Brenton Legal has represented Florida employees from its Jupiter office since 2015. Our attorneys bring over 40 years of combined legal experience to cases.

We take a limited number of files, so every client gets direct attention from a partner and a candid read on their claim from the first call. We handle wrongful termination cases on a contingency basis, which means we’re paid only if we recover money for you.

Ryan Brenton, Founding Partner, served as General Counsel for a large service-industry corporation before founding the firm. That role showed him how companies make and defend termination decisions, so he can predict the defense your employer will build. Ryan now represents only employees, handling whistleblower, discrimination, harassment, and retaliation claims, as well as class actions. His work has taken him before the U.S. Courts of Appeals for the Tenth and Eleventh Circuits, federal courts in Florida and Colorado, the SEC, the EEOC, and the Department of Labor. His clients range from minimum-wage workers to C-suite executives.

Alison Churly, Managing Partner, spent over six years as General Counsel for the Broward County Clerk of Courts, an office with more than 500 employees and annual revenue averaging $1 billion. She managed complex cases in federal and state courts and advised the office’s human resources division, so she knows how a large employer makes personnel decisions. Earlier in her career, she secured a seven-figure award in a gender discrimination, sexual harassment, and retaliation case. Alison is Vice Chair (2026 to 2027) of the Florida Supreme Court Rules of General Practice and Judicial Administration Committee. She received the Florida Supreme Court’s Exceptional Pro Bono Service Recognition in 2018.

Travis Beal, Partner, litigated on behalf of insurance carriers, financial institutions, and businesses before joining Brenton Legal. He uses that background to read the motives behind an employer’s decisions and find the gaps in its story.

Our partners’ experience on the employer’s side means we know how a company builds a termination file and where it’s weak. Clients from minimum-wage workers to C-suite executives have rated us 4.9 stars across 70 Google reviews.

We offer free consultations. Reach out if you believe your employer took unfair action against you.

Get A Consultation: Call 1-954-639-4644 or Book Online

What are Florida’s laws on wrongful termination?

Florida law lets most employers and employees end the working relationship at any time. That’s called at-will employment. In most cases, it doesn’t require a reason or advance notice.

But even in an at-will state, certain terminations still break the law. The rule doesn’t override federal and state employment laws. If employers use at-will status as an excuse to fire someone for an illegal reason, they can still be held accountable.

When does at-will employment stop protecting your employer?

Florida and federal laws carve out these exceptions to at-will employment:

EXCEPTION EXAMPLE LAW
Discrimination Fired two weeks after announcing a pregnancy Florida Civil Rights Act, Title VII, ADA, ADEA
Whistleblower retaliation Fired for refusing to falsify safety records Fla. Stat. § 448.102
Workers’ comp retaliation Fired after reporting a work injury or trying to file a claim Fla. Stat. § 440.205
Protected leave Fired during approved FMLA leave for surgery Family and Medical Leave Act
Jury duty Fired for missing work while serving on a jury Fla. Stat. § 40.271
Military service Fired because of National Guard or reserve duty USERRA, 38 U.S.C. § 4311
Voting Fired for voting, or not voting, for a candidate Fla. Stat. § 104.081 (a third-degree felony)
Contract Fired before the end of a fixed-term contract without the cause it requires Florida contract law

If one of these fits your situation, your employer can’t hide behind the at-will rule.

Which laws protect you, federal or Florida?

Federal laws like Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) cover most discrimination firings. The Florida Civil Rights Act mirrors these protections for employers with 15 or more workers.

The two laws don’t match exactly, and the gaps can decide your case. The ADEA applies only to employers with 20 or more employees, so an age claim against a 17-person company must be brought under Florida law. The FCRA also protects marital status, which federal law doesn’t. Filing under both laws can also raise what you recover (see the damages table below).

What counts as 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.

Common examples in Florida include older workers singled out in a layoff, workers with a disability fired instead of offered a reasonable accommodation, and employees let go soon after announcing a pregnancy.

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. Employer retaliation may include termination, demotion, or other negative actions taken after a complaint.

The same protection applies if you’re fired during or right after FMLA leave (at employers with 50 or more workers) or soon after you report sexual harassment.

Firing for jury duty, military service, or voting

Florida bars firing you for jury service, and a fired juror can sue for compensatory and punitive damages plus attorney’s fees. Federal law protects National Guard members and reservists. Firing someone for how they voted is a felony in Florida.

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 terms of the contract, that may constitute a breach. A verbal promise can count as a contract, but it’s harder to prove. Bring any offer letter, contract, or handbook to your consultation so we can check the exact wording.

When can you sue for wrongful termination in Florida?

Not every firing is illegal, but here’s a summary of when you may be able to sue your employer:

REASON FOR FIRING WHO’S PROTECTED WHAT YOU NEED TO SHOW
Discrimination Employees of companies with 15 or more workers (20 or more for federal age claims) Your race, color, religion, sex, pregnancy, national origin, disability, marital status, or age was a reason you were fired. Federal age protection starts at 40, but Florida law sets no minimum age.
Whistleblowing Employees of private companies with 10 or more workers. Public employees have separate protection under the Florida Whistle-blower’s Act. You objected to an illegal practice or reported it to a government agency after first telling your employer in writing and giving it a chance to fix the problem.
Refusing to break the law Employees of private companies with 10 or more workers The practice you refused would actually violate a law, rule, or regulation. A sincere belief that it was illegal isn’t enough.
Workers’ comp claim Employees covered by Florida workers’ compensation You filed, or tried to file, a workers’ comp claim, and your employer fired you because of it.

The bar for whistleblowers and workers who refuse illegal orders rose in May 2026, when the Florida Supreme Court decided Gessner v. Southern Co. We identify the exact law your employer’s request would have broken before we file. The dangers of whistleblowing include job loss and career damage, so these protections are important.

What should you do if you’ve been wrongfully terminated in Florida?

Take these steps if you’ve just been fired:

  • 1

    Ask for your termination reason in writing.

  • 2

    Save your own records before your access is cut off.

  • 3

    Apply for Reemployment Assistance through FloridaCommerce and keep your story consistent.

  • 4

    Don’t sign a severance agreement or release yet.

  • 5

    Speak to a wrongful termination lawyer as soon as possible.

Then book a free consultation. We’ll tell you which laws apply, your filing deadline, and what your claim may be worth.

Get A Consultation: Call 1-954-639-4644 or Book Online

How can we prove wrongful termination?

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

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.

These red flags can expose a false reason for your firing:

WHAT YOUR EMPLOYER SAYS EVIDENCE THAT CAN PROVE OTHERWISE
“Poor performance” Strong reviews, raises, or bonuses in the year before the firing.
“Company restructuring” Your job was posted or filled soon after you left.
“Policy violation” Coworkers broke the same policy and kept their jobs.
A different reason each time The reason in your termination meeting doesn’t match the one given to FloridaCommerce or the EEOC.

Employers have to give a reason at several points in a case, and each one goes on the record.

How much compensation can you get for wrongful termination in Florida?

A successful case may lead to financial recovery.

The law allows several types of damages, depending on your situation:

  • 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.

  • 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. If your employer acted with clear intent to harm or showed gross misconduct, the court may award damages intended to punish and deter serious wrongdoing.

  • Attorney’s fees and court costs. You may be able to recover these costs if your case succeeds.

What can you recover under each law?

What you recover depends on which law your employer broke:

LAW WHAT YOU CAN RECOVER LIMITS
Florida Civil Rights Act Back pay, emotional distress damages, punitive damages, and attorney’s fees. Punitive damages capped at $100,000. No cap on emotional distress damages against private employers.
Title VII and ADA Back pay, front pay, emotional distress damages, punitive damages, and attorney’s fees. Combined emotional distress and punitive damages are capped at $50,000 to $300,000, depending on employer size. Back pay has no cap.
ADEA (age) and FMLA Back pay and benefits, plus an equal amount as liquidated damages (willful ADEA violations; FMLA, unless the employer shows good faith). No emotional distress or punitive damages.
Florida Private Whistleblower Act Reinstatement, back pay, benefits, and other compensatory damages. The court may award attorney’s fees to whichever side wins, including the employer.
Breach of contract What the contract promised, such as pay for the rest of the term, severance, or commissions. No emotional distress or punitive damages.

Many firings break more than one law. We file under every applicable law, so the caps don’t unnecessarily limit your total recovery.

How long do you have to file a wrongful termination claim in Florida?

Waiting too long could cost you the right to take legal action. Your deadline depends on the law. 

Most start on the day you were fired:

CLAIM FIRST STEP DEADLINE
Title VII, ADA, ADEA Charge with the EEOC 300 days, then 90 days to sue after you receive a Notice of Right to Sue.
Florida Civil Rights Act Complaint with the FCHR or EEOC 365 days to file the complaint, then 1 year to sue after the FCHR’s cause finding or the EEOC’s Notice of Right to Sue, whichever comes first.
FMLA Lawsuit 2 years (3 years if willful).
Florida Private Whistleblower Act Lawsuit 2 years after you discover the retaliation, or 4 years after it happened, whichever is earlier.
Breach of contract Lawsuit 5 years for a written contract, 4 years for an oral one.

A new Florida law took effect on July 1, 2026. If neither the FCHR nor the EEOC acts on your complaint within 180 days, you now have 18 months from the date you filed to bring your Florida Civil Rights Act lawsuit.

Why you need to act 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.

Were you offered a severance agreement? Read this before you sign

Most severance agreements include a release. Once you sign it, you give up your right to sue your employer for most claims, even if it fired you illegally.

If you’re 40 or older, federal law gives you extra time:

  • At least 21 days to review the agreement (45 days if you were part of a group layoff).
  • 7 days to cancel it after you sign.
  • A written notice telling you to talk to a lawyer.

If the agreement doesn’t give you these rights, it can’t waive your age discrimination claim.

We review severance agreements and negotiate better terms. The first offer is rarely the employer’s best offer, especially when you have a strong legal claim.

How do our lawyers handle wrongful termination cases?

A wrongful firing can affect your income, your reputation, and your sense of security. Brenton Legal helps Florida workers stand up when their rights are 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, help determine if you have a case, and, if so, devise a strategy.

  • Investigation and evidence gathering. We dig into records, timelines, and witness accounts to uncover the full picture for you.

  • 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.

  • Alternative dispute resolution. Sometimes, mediation or arbitration works better than court. We help you consider your options and pursue the most effective path.

  • 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.

Most cases resolve before trial, but the employer needs to see that you’re ready to go to court.

Get A Consultation: Call 1-954-639-4644 or Book Online

Testimonials

Here’s what past clients have been saying about us.

“Strongly recommend”

“I strongly recommend Brenton Legal as they truly care, and I am incredibly grateful for their hard work and support.”

A.R.

”Intelligent and communicative”

“Very intelligent and communicative professionals. Should I ever run into any issues again, I know exactly where to go.”

O.

“Wholeheartedly recommend”

“Ryan and Travis were on board for the entire case from my first phone call until final resolution. It was comforting to know that I had the advantage of a whole team of lawyers working to ensure the best possible outcome. I would wholeheartedly recommend Brenton Legal to anyone facing any kind of employment dispute.”

A.C.

Read more reviews. Past results do not guarantee future outcomes.

Related employment cases

Brenton Legal also represents Florida workers in these related cases:

  • Employer retaliation. If you were demoted, had your hours cut, or were pushed out after you complained, you may have a claim even if you still have your job.

  • Whistleblower protection. We protect workers at private companies and government agencies who report or refuse to take part in illegal conduct.

  • Workplace discrimination. Unfair treatment based on race, sex, religion, national origin, or another protected trait is illegal in pay, promotions, and discipline, not just firing.

  • Age discrimination. Workers aged 40 and older have additional federal protections when a layoff or restructuring targets older staff.

  • Family and Medical Leave Act. Eligible workers at covered employers can take up to 12 weeks of job-protected leave a year, and the employer can’t punish them for using it.

If your case involves more than one of these issues, we bring every claim that applies together in one case.

FAQs about wrongful termination in Florida

It depends on your lost pay, how long you’re out of work, and which laws apply. Back pay and lost benefits form the base of the claim. Some claims add emotional distress damages, double damages, or punitive damages. We usually estimate a range during your free consultation after reviewing your pay records.

Only for some claims. Discrimination claims under Title VII, the ADA, the ADEA, and the Florida Civil Rights Act start with an EEOC or FCHR charge. FMLA, private-sector whistleblower, workers’ comp retaliation, and contract claims go straight to court. Each path has its own deadline.

Not if you work for a private employer with 10 or more employees and the request broke a law, rule, or regulation. Since the Florida Supreme Court’s 2026 Gessner ruling, you must show that the conduct would break the law. A sincere belief that it was illegal isn’t enough.

Nothing up front. Brenton Legal handles wrongful termination cases on a contingency fee, so we’re paid only if we recover money for you. Your first consultation is free. We explain the fee percentage and how case costs work in writing before you sign anything.

Yes, if you qualify. Filing for unemployment doesn’t prevent you from taking legal action against your employer.

Ready to hold your employer accountable?

Book a free consultation, and a Brenton Legal attorney will review what happened, check your deadlines under Florida and federal law, and give you a straight answer about what your claim could be worth. You do not need to have all the evidence before you call. We will help you gather it.

Get A Consultation: Call 1-954-639-4644 or Book Online

Legal references

In the interest of accuracy, this page is informed by the following primary legal resources:

Ryan-Brenton

Last Modified: October 21, 2026

Ryan Brenton

Ryan Brenton, the founding partner of Brenton Legal PA, is a distinguished employment lawyer with a profound experience in a variety of employment disputes.

His practice encompasses complex litigation, wage and hour class action cases, and discrimination, harassment, and retaliation claims. Representing a diverse clientele, from minimum wage workers to executives, Ryan has successfully argued cases in both state and federal courts, as well as in administrative proceedings. His legal acumen has earned him a national reputation and respect from clients and peers alike.

A graduate of Nova Southeastern University, Shepard Broad Law Center, and holding a B.S. in Economics from Florida Atlantic University, Ryan’s legal prowess is underpinned by a solid educational foundation. His commitment to justice and fairness in the workplace marks him as a trusted advocate in the field of employment law.

On This Page