People work hard to make a living in Florida and don’t plan on being fired. Nonetheless, all employees in the state work at will, which means that you can be fired for any reason, at any time, or for no reason at all. On the other hand, it is unlawful for an employer to terminate you for discriminatory reasons, retaliatory reasons, or in breach of an employment contract. If this has happened to you, it is crucial to know your rights as this is considered wrongful termination.
My.Attorney is a premier employment law firm representing employees across multiple industries. If you have been fired from your job in violation of local, state or federal law, you may be entitled to substantial compensation. When you consult us, we will take the time to listen to your story and advise you of your rights. Although being fired is a humiliating experience, our legal team will stand by you, fighting to right this wrong.
What is Wrongful Termination?
It is entirely legal for an employer to fire you for performance reasons, even if the employer’s evaluation of your performance is not accurate. In fact, an employer is not required to show just cause or any other reason for your dismissal, nor provide a warning notice of your impending termination. Despite your “at will” status, however, a termination is unlawful when it:
- Violates federal, state or local anti-discrimination or anti-retaliation laws
- Breaches an employment contract
- Violates public policy
This means that you cannot be fired due to any legally protected characteristic under state or federal law. It is also unlawful for an employer to retaliate against you for seeking to enforce a protected right. You may also have a valid claim if you were fired while under an employment agreement or if your employer was seeking to prevent you from collecting any compensation or benefits you were due to receive.
At My.Attorney, our legal team knows how to determine whether your termination was unlawful or not, and will devise a strategy to protect your rights. We will advance your best interests, whether by:
- Obtaining compensation for your lost wages and emotional harm
- Protecting you from retaliation
- Having you reinstated to your previous position
What are the grounds for a wrongful termination lawsuit?
If you believe you have been terminated illegally, our attorneys will evaluate your situation to determine whether or not you have a valid claim.
An employer cannot fire you any of the following discriminatory reasons:
- Military service
- National origin or ethnicity
- Sexual orientation
You cannot be fired “at will” if you are under an employment contract that ensures job security for a certain period of time or that sets the conditions for your termination. On the other hand, a contract can be legally terminated by your employer if you are discharged for cause, including illegal conduct (e.g. sexual harassment, fraud, embezzlement).
Violations of Public Policy
Wrongful termination can also occurs if you are fired for exercising a legitimate right or participating in community action, such as voting, or serving in the military or on jury duty.
Breach of Good Faith/Fair Dealing
An employer may not terminate you to prevent you from receiving an earned bonus or sales commission. A breach of faith may also arise if your employer forces you to quit to avoid paying you severance, or makes your working conditions unpleasant, pressures you unreasonably ,or reassigns you to a less desirable position, all in an attempt to force you to quit.
Whistleblowing and Retaliation
Under state and federal law, it is it illegal for an employer to fire you for complaining about discrimination or harassment in the workplace, reporting safety violations or unlawful conduct (whistleblowing), or engaging in other forms of protected conduct.
Contact Our Florida Wrongful Termination Attorney
When you become our client, we will explain all of your rights and work to achieve the best possible outcome for you. If reinstatement is not workable, we will pursue just compensation on your behalf. Depending on the circumstances, you may be awarded damages including past and future lost wages, lost benefits (e.g. health insurance, stock options), compensation for emotional distress and attorneys’ fees. As painful as being wrongfully terminated is, winning your case can help you make a fresh start. Above all, our employment law attorneys are committed to preserving your livelihood and protecting your future. Download the My.Attorney app today to set up a free case evaluation or contact us.