Labor & Employment Law
Wrongful Termination Claims
Florida is an “at-will” employment state, meaning employers can generally terminate employees for any reason or no reason at all, as long as it doesn’t violate a contractual agreement or specific legal protections. While “wrongful termination” is not broadly recognized under Florida law, certain types of termination are legally actionable if they breach employment laws or agreements.
Protected Types of Termination Claims:
Discrimination or Harassment:
Employees cannot be terminated based on protected characteristics such as age, disability, race, religion, sex, sexual orientation, national origin, pregnancy, or other legally recognized factors. Federal, state, and local laws safeguard these rights.Retaliation:
Employees are protected from termination if they report illegal conduct, refuse to engage in unlawful activities, or exercise their legal rights under statutes such as the Florida Whistleblower Acts, FMLA, OSHA, and anti-discrimination laws.Contract Violations:
Employees with written employment contracts or covered by collective bargaining agreements may have claims if their termination violates the terms of those agreements.
Given the complexities of employment laws and the strict deadlines associated with filing claims, consulting with an experienced employment attorney is essential to understanding your rights and taking timely action to address wrongful termination.
Wrongful Termination Frequently Asked Questions
Florida law does not recognize “wrongful termination” unless it violates a contractual right or federal, state, or local laws.
- Discrimination or Harassment
Termination based on protected characteristics including:
- Age
- Color or Skin Color
- Disability (actual, recorded, or perceived)
- Genetic Information
- HIV or AIDS
- Marital Status
- Military Service
- National Origin or Citizenship
- Pregnancy
- Race
- Religion
- Sex or Gender
- Sexual Orientation
- Sickle Cell Anemia
- Retaliation
Termination for reporting illegal conduct or refusing to participate in illegal activities. Protected under:
- Florida Private and Public Whistleblower Acts
- Fair Labor Standards Act (FLSA)
- Family and Medical Leave Act (FMLA)
- Sarbanes Oxley Act of 2002 (SOX)
- Anti-Discrimination Statutes
- Workers’ Compensation
- Occupational Safety and Health Act (OSHA)
- National Labor Relations Act (NLRA)
- Other Options
- Employment contract violations
- Collective bargaining agreement violations
Important: Claims have strict time deadlines. Consult with employment lawyers promptly to protect your rights.