If you recently experienced a wrongful dismissal from your job, you may feel the need to seek compensation for lost earnings and emotional distress.
Employees who encounter wrongful termination in Florida have rights under federal and state laws to pursue legal action against their former employer.It is important for wrongfully fired workers to identify the cause of action for a lawsuit before seeking justice.
- Types of Illegal Termination in Florida
- Types of Legal Termination in Florida
- At-will Employment Exceptions in Florida
- Filing a Discrimination Charge With the Equal Employment Opportunity Commission in Florida
- Filing a Lawsuit Against Your Employer in Florida
What is a wrongful termination? Employees wrongfully fired from jobs have experienced discrimination or retaliation from their employer that resulted in termination. If you were wrongfully terminated in FL, you have options if you wish to pursue a case.
Employees who suspect they were wrongfully terminated from jobs must gather evidence to build a case against former employers.
Florida Unemployment Resources
Types of Illegal Termination in Florida
The types of illegal termination of employment in Florida include breaking discriminatory laws. Common types of illegal dismissal of employment occur when an employer fires an employee based on characteristics of race, gender, ethnicity, nationality or religion. There are also types of unlawful terminations in FL that include dismissal due to an employee’s age, disability or veteran status.
Workers who have experienced one of these types of unlawful terminations from employment have the right to file a claim against their former employer. These types of illegal firing are against federal law, and an employer can face prosecution for terminating an employee based on discrimination.
If one of these types of illegal terminations in Florida has occurred, the employee must prove that discrimination or retaliation happened and the firing was unjust.
Types of Legal Termination in Florida
There are types of legal firing that the terminated employee cannot pursue in court because no law has been broken. While experiencing one of these types of legal termination of employment may feel unwarranted and dishonorable to a worker, employees cannot take legal action if the employer followed employment dismissal laws.
Types of legal termination in Florida include layoffs or the ending of an employee’s contract. Additional types of legal dismissal of employment involve a business closing or may be due to an employee’s poor performance.
Employers use legal reasons for terminating employees in Florida to stay within the confines of the law. If one of these reasons are grounds for dismissal, the employee cannot pursue further legal action through a claim or lawsuit.
At-Will Employment Exceptions in Florida
Is Florida an at-will state? Although there are at-will employment exceptions in Florida, it is an at-will employment state like most others. What is employment at will? The at-will employment legal doctrine affirms that employees and employers who agree to a working relationship can end this relationship at any time due to any legal reason.
It gives both employers and employees the freedom to terminate their association when either party sees fit. Exceptions to at-will employment include:
- Public-policy exception, which states that employers cannot fire employees if it violates public policy
- Implied-contract exception, which declares that employees cannot be terminated if there is an implied contract present
- Covenant of good faith and fair dealing exception, which establishes that all employers must practice good faith and fairness when dealing with employees.
Note: At will employment exceptions in Florida are not recognized. None of the aforementioned exceptions are practiced in the state.
Filing a Discrimination Charge With the Equal Employment Opportunity Commission in Florida
If you are wondering how to file a charge of employment discrimination in FL, you will first need to contact the Equal Employment Opportunity Commission (EEOC). To file a wrongful termination charge, former employees can call or write to the Miami office for a pre-screening.
Before officially filing a charge of discrimination in Florida, an EEOC representative will review the details of your case to determine if your claim is legitimate and if you should proceed.
When researching how to file an EEOC employment discrimination claim, it is important to pay attention to deadlines. You must file a claim within 180 days of your dismissal. EEOC will send a claim receipt to you and your employer 10 days after a successful filing.
After filing a charge of discrimination in Florida, the EEOC will investigate to determine the validity of your claim and if an investigation should be ordered. If the EEOC decides to investigate further, the agency may suggest mediation between you and your employer to settle the claim. Mediation takes about three months to complete, but if it is unsuccessful, the EEOC will move on to attempt a settlement negotiation.
After you file a wrongful termination charge and go through the investigation and settlement processes, if no conclusion can be made, the EEOC may give you the Notice of Right to Sue your former employer. With this Notice of Right to Sue, you can file a lawsuit.
Filing a Lawsuit Against Your Employer in Florida
If you plan on suing for wrongful termination in Florida, the EEOC must first grant you the right to you prosecute. When filing a wrongful termination claim against employers, workers must show evidence of the specific discrimination or retaliation experienced.
To file a lawsuit against your employer in Florida, you will need to gather and organize extensive proof including witness testimonials, documentation, records and pay stubs.
Can I file a lawsuit for wrongful termination? Before filing a claim, it is important to identify the law broken and establish the evidence you will use to prove your case. When you file a lawsuit against employers for wrongful termination in FL, you will be required to verify your experience, and therefore, the help of an attorney can be useful.
If you are questioning how to file a wrongful termination lawsuit and be successful, you should consider hiring an experienced employment lawyer.
Last Updated: October 18, 2022