Being fired can be an embarrassing situation, and the person being terminated may feel that the action was unjustified. In some cases, they may be able to sue their previous employers for wrongful termination, but this is not always the case. “At-will” and “right to work” are terms associated with employment in Florida. these two ideas not only have different meanings, but they each carry a different implication for fired employees. This article will discuss Florida’s employment law in general – your case may differ. If you have been let go from your job and think you may have a case for wrongful termination, here is the information you need to decide if a lawsuit is right for you.

Florida is an At-Will State

“At-will” is the default employment status in Florida. If you were terminated from your Florida job, the rules according to an “at-will” state apply. This means that both the employee and employer are presumed to be working of their own volition and there are no implied long-term contractual obligations owed to either party. If an employee decides to change jobs and go to another place of employment, they can leave at any time and suffer no repercussions. To the dismay of employees, however, the opposite is also true. Your employer can terminate you without cause and suffer no consequences. For instance, if your employer meets an individual with more experience than you and he wishes to replace you in your position, you typically have no legal recourse. The employer also has the legal right to demote you or reduce your hours.

Employees cannot easily escape the “at-will” situation by moving – every state in the country is an at-will state, with only one exception. (Montana) However, employees in certain professions or at higher levels of career status may opt to negotiate an employment contract upon their hiring. This contract, if executed by both parties, may offer some protection to the employee. An employment contract of this kind is written to protect an employee from wrongful termination, either on a case-by-case basis or through a collective bargaining situation.

What is Right-to-Work?
Florida is also a “right to work” state. This term refers to the fact that your employer is not allowed to force an employee to participate in a union or to pay union dues; nor can they refuse to hire you for joining a union. It does not refer to hiring or firing practices.

Employment Contracts May Afford Protections

If an employee signed a contract when they were initially hired, they can refer to its terms upon being fired to determine their rights. These types of contacts outline any specific conditions under which the employee can be fired legally – such as if they do something illegal during the course of their employment. If the employee is terminated for a reason not specified in that employment contract, they could possibly have a legal case against their prior employer.

Termination for any discriminatory reasons is illegal in all states, and an employee alleging discrimination is covered by anti-discrimination laws. If an ex-employee can prove that they were terminated because of their race, gender, disability, or a pregnancy they will likely win in court. However, it is typically very difficult to prove that discrimination was the reason for your termination. Employers are aware of the anti-discrimination laws and can present an alternate reason for your firing.

Wrongful Termination in an At-Will State

There are some scenarios in which a fired employee may be justified in filing a wrongful termination lawsuit against their employer. These include:

They can prove that the employer is breaking state or federal law, especially Title VII of the Civil Rights Act.
They can show that the employer violated the public interest by terminating someone who refused to engage in illegal activity.
They can demonstrate that they were fired for being a whistleblower and exposing illegal activity.
They can prove their firing was retaliatory, such as for reporting sexual harassment in the workplace.
They can establish that the employer broke a covenant of good faith, such as firing them before having to pay a pension, large commission, or bonus.
They can show that they were fired after taking legal leave under the Family Medical Leave Act, to serve jury duty, or for active military duty.

If you believe that you may have been fired from your job illegally, call an attorney who can discuss your options.

Probinsky & Cole are personal injury and workman’s compensation attorneys with offices in the Sarasota, Tampa and Orlando regions.