Wrongful Termination

Wrongful Termination Claims

Wrongful Termination: Do I have a claim?

You may believe that you have a legal claim for wrongful termination in Florida if you were fired without progressive discipline or for an unjust reason. Unfortunately, there is no legal claim for “wrongful termination”, as Florida law does not recognize a job loss as “wrongful” unless it came about because of a violation of some sort of contractual right or occurred in violation of federal, state or local laws.  

Some laws that do provide a cause of action based on an unjust termination are based on the following:

1. Discrimination or Harassment: If you believe you were terminated or forced to quit because of discrimination and/or harassment because of a “protected characteristic” recognized by federal, state or local law that led to your termination, you may have a claim for unlawful termination. Such protected characteristics include:
   • Age
   • Color or Skin Color
   • Disability or a Record of Disability or a Perceived Disability
   • Genetic Information
   • HIV or AIDS
   • Marital Status
   • Military Service
   • National Origin or Citizenship
   • Pregnancy
   • Race
   • Religion
   • Sex or Gender
   • Sexual Orientation
   • Sickle Cell Anemia
2. Retaliation:  If you are terminated because you blew the whistle about illegal conduct by your employer or after you complained about unlawful employment practices by your employer, or refused to engage in the illegal activity by your employer such as discrimination, you may have a claim for this type of wrongful termination. There are several different laws that prohibit retaliation:

   • Florida Private and Public Whistleblower Acts 

   • Fair Labor Standards Act a/k/a FLSA 

   • Family and Medical Leave Act a/k/a FMLA 

   • Sarbanes Oxley Act of 2002 a/k/a SOX 

   • Anti-Discrimination Statutes

   • Workers’ Compensation

   • Occupational Safety and Health Act a/k/a OSHA

   • National Labor Relations Act a/k/a NLRA

3. Other Options.  If no law exists to provide protection against wrongful termination, you still may be able to bring a claim for a termination if you have an employment contract or are protected by a collective bargaining agreement.

A wrongful termination based on discrimination, retaliation and/or violation of a contract can cause significant damages, both financially and emotionally. We advocate for employees who have been wrongfully terminated.

For an honest assessment of your termination and whether you have any legal claims for wrongful termination, it is important to learn your rights and consult with experienced employment lawyers like those at Sass Law Firm.  Please do not delay, since many of these claims have very strict time deadlines and if you hesitate you may be unable to pursue a claim against your employer.

Check out our related blogs on what to do if you are about to be or if you get terminated:

Steps to Take if You Feel You are About to Get Fired!

Additional Steps to Take if You Think You are About to Get Fired

Can I be fired for who I vote for?

References: Can my former employer talk bad about me to prospective employers?