How Do You Prove Wrongful Termination?

A wrongful termination is the dismissal of an employee in violation of their employment contract or the law. It could be due to discrimination, retaliation, or failure to follow the correct disciplinary or termination procedures. It is an unlawful act that gives rise to an employment law claim. Here, you will find an overview of what you need to do to prove wrongful termination in Florida.

The Basis of Wrongful Termination Claim in Florida 

Florida is an at-will employment state. The Legal Information Institute explains that the at-will employment standard allows companies to terminate workers at any time and for any reason—but for unlawful reasons. In other words, an employee trying to prove liability in a wrongful termination claim must prove that they were fired/laid off by their employer for a specific unlawful reason. Some of the most common legal bases for wrongful termination claims in Florida include:

• Discrimination: A wrongful termination claim based on discrimination asserts that an employee was dismissed on the grounds of race, color, religion, sex, national origin, age, or disability. This claim requires proving that the termination was motivated by the employee’s protected characteristic.
• Retaliation: Retaliation claims arise when an employee is terminated for engaging in legally protected activities. Notable examples include filing a complaint about workplace discrimination, reporting sexual harassment, or engaging in whistleblowing.
• Breach of Contract: Employment agreements are enforceable contracts. If you are fired or laid off in breach of your contract, you may have a wrongful termination case.

 An Overview of Evidence that Can Help You Prove Wrongful Termination 

As with other employment law cases, evidence is key in wrongful termination claims. Remember, in Florida, an employee must prove that their employment was terminated for an unlawful reason. Evidence that can be used to support your claim include:

• Written Communication: Written communication—such as emails, text messages, letters, performance reviews, and termination notices—can be key in a wrongful termination claim. It serves as concrete evidence of the employer’s intent and reasoning.
• Witness Testimony: Witness testimony from coworkers, supervisors, or other relevant individuals can provide valuable insight into the employer’s actions and motivations. A witness can provide a firsthand account of events leading to the termination.
• Timing of the Discharge: The timing of the discharge often speaks volumes, especially if it closely follows an employee’s protected activity (like filing a complaint), a request for leave, or the revelation of a protected characteristic (such as a pregnancy or disability). Florida courts have consistently ruled that temporal proximity can suggest a causal link between the employee’s action and an employer’s decision to terminate them.
• Employer Policies/Procedures: These can be a critical type of evidence in wrongful termination cases. By comparing the employer’s actions during the termination process against their own written policies and procedures, an employee can demonstrate inconsistencies that suggest the termination was not in line with company protocols.

 Get Help From a Wrongful Termination Attorney in Florida

Wrongful termination claims are complicated. Whether you were discharged for discrimination, retaliation, or in breach of a contract, you may be entitled to financial compensation. Contact a Florida employment lawyer for help with a wrongful termination case.