Can You Sue an At-Will Employer for Wrongful Termination in Florida?
Florida is an at-will employment state. The law presumes that all employment relationships are fully voluntary. This raises an important question: Can you sue an at-will employer in Florida for wrongful termination? The short answer is “yes”—but you will need to prove that you were illegally discharged in order to bring a successful claim.
Understanding At-Will Employment in Florida
In Florida, most employment is considered “at-will.” The standard keeps the employer/employee relationship voluntary. Either party—company or organization—can end the employment relationship at any time, with or without any reason, and with or without notice. Still, there are important exceptions to at-will employment rules that are designed to protect workers against a wrongful (illegal) termination.
Most Common Grounds for Wrongful Termination
How do you bring a wrongful termination claim against an employer in Florida? The short answer is you must establish that the discharge—firing, lay-off, etc—happened for an illegal reason. Proving that it was “unfair” is not sufficient. You must prove that it was unlawful. The most common grounds for wrongful termination in Florida include:
- Discrimination: Florida law prohibits employers from firing an employee based on certain protected characteristics such as race, color, religion, sex, national origin, age, disability, or marital status. If you believe your termination was discriminatory, you should consult with an experienced Florida wrongful termination lawyer.
- Retaliation: Employers are not allowed to terminate an employee as a form of retaliation if the employee has engaged in protected activities. As an example, bringing a sexual harassment complaint is protected under the law. If you believe that your termination was illegal retaliation, a Florida wrongful termination attorney can help.
- Breach of Public Policy: A breach of public policy occurs when an employer dismisses an employee for reasons that violate Florida’s public policy. For example, firing an employee for refusing to do something illegal may give rise to a wrongful termination lawsuit. Public policy violation wrongful termination claims are highly fact-specific.
A Comprehensive Investigation of a Wrongful Termination is Must
Wrongful termination claims are complicated. To hold an employer legally liable for wrongful termination, you must prove that you were discharged for an illegal reason. In most cases, this requires obtaining evidence that shows that the employer’s motivation for the termination was against the law—either due to discrimination protections, retaliation protections, or another reason. A comprehensive investigation of a suspected wrongful termination is an absolute must. You should start by gathering any relevant documents such as emails, performance reviews, and any communications related to your dismissal. You should also consider the context and timing of your termination. Your Florida wrongful termination lawyer can handle the investigation.
Get Help From a Wrongful Termination Attorney in Florida
Wrongful termination cases are complex—especially for at-will employees who do not have a formal employment agreement. Still, a worker may have a viable claim. An experienced Florida wrongful termination lawyer can review your case and help you determine the best course of action.
