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If you have a claim against an employer or coworker, I will fight your case.
I will let you know if you have a claim or not after your free consultation.
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What Is Wrongful Termination in the Workplace?
Florida does not require employers to provide employees with notice before firing them. One exception to that rule includes a valid employment agreement stating that the employer must provide notice before termination. In this case, employees and employers agree to explicit employment conditions that promise continued employment if the employee does not violate a stipulation. Another exception is if the firing goes against company policies in the company’s employee handbook.
While employers may fire at-will employees at any time for any reason, terminations that violate Florida discrimination and other labor laws or federal discrimination laws are illegal. Illegal or wrongful terminations include the following:
- Being fired because of race, age, sex, pregnancy, national origin, disability, or other protected characteristics;
- Being fired after filing a workers’ compensation claim for a workplace injury;
- Being fired for objecting to overtime violations;
- Being fired for reporting, objecting to, or refusing to participate in unlawful acts;
- Being fired without cause when your employment contract states your employer can only fire you for cause; and
- Being fired for taking entitled leave under the Family and Medical Leave Act (FMLA).
If you feel that your employer illegally dismissed you from your job, contact an experienced Florida wrongful termination attorney at Brenton Legal. We can review your case, help you file the right claim, and assist you in determining the best way to address your employer’s wrongdoings.
How Do I File a Wrongful Termination Complaint in Florida?
Before filing a wrongful termination lawsuit for discrimination or retaliation in Florida, you must first file a complaint against your employer with the Florida Commission on Human Relations (FCHR), which enforces state laws prohibiting wrongful termination, or with the Equal Employment Opportunity Commission (EEOC).
The FCHR allows employees up to 300 days to file a wrongful termination claim. The EEOC requires employees to file most claims within 180 days from the date of the last discriminatory act. If you file a claim with the FCHR first, the FCHR will automatically file a concurrent claim with the EEOC.
Other statutes, such as OSHA Whistleblower claims, have even shorter windows to file. For this reason, consulting a skilled lawyer for wrongful termination in Florida as soon as possible is essential. An experienced employment lawyer will know the specific filing deadlines for your particular claim and can walk you through the filing process.
What Kind of Compensation Is Available in a Wrongful Termination Claim?
Compensation in a wrongful termination case depends on numerous factors. Generally, some of the wrongful termination damages employees receive include:
- Lost wages—including pay that an employee would have earned had their employer not fired them, for instance, overtime and other unpaid wages;
- Lost benefits—total lost benefits, such as retirement, stocks, and insurance, may be included in your damages;
- Emotional distress and pain and suffering—occasionally, employees can recover damages for the emotional distress they suffered due to the termination;
- Punitive damages—if an employer acted maliciously in wrongfully terminating an employee, a court or jury may award punitive damages to punish the defendant; and
- Attorney’s fees—a wrongful termination claim may also include attorney’s fees and court costs.
Working with a Florida wrongful termination attorney who is an experienced employment law litigator can maximize your chance of securing a settlement that covers all your losses and damages.
Frequently Asked Questions
Can I be fired for lodging a sexual harassment complaint?
No. Firing someone for complaining about sexual harassment is considered retaliation.
Can I be fired for lodging a safety complaint?
If your employer forgoes safety measures required by law and dismisses you for complaining about it, you may be eligible for whistleblower protection.
What is the difference between discrimination and wrongful termination?
Gender, race, religion, origin, citizenship status, medical history, and marital status, among others, are all protected classes under U.S. workplace discrimination laws. Anyone fired for being a protected class member can file a wrongful termination claim.
What is constructive discharge?
Employees experiencing sexual harassment or discrimination at work that an employer either declined or neglected to rectify may have a claim for constructive discharge if they felt their employer’s actions drove them to quit their job.
Contact Brenton Legal Today
Brenton Legal’s mission is to fight for justice. If you believe your employer wrongfully discharged you, our skilled wrongful termination lawyers in Florida can help you file a claim. We offer simple yet successful solutions to complicated labor and employment matters. And we are here for you 24/7. Call us at 954-639-4644 for a free consultation. Our compassionate employment law attorneys can walk you through your case and explain your options.
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