Our jobs and careers are often among the most significant aspects of our daily lives and are essential to our financial independence. When a job is cut short, especially for unjust reasons, being fired can leave you feeling lost, confused, and desperate. This article covers the essentials of wrongful termination laws in Florida, including:
- How to know if you have been wrongfully terminated and what you should do about it.
- The role of the EEOC in wrongful termination cases and lawsuits.
- The possible outcomes of a wrongful termination claim and how an employment law attorney can help.
What Is The Definition Of Wrongful Termination In The State Of Florida?
Wrongful termination occurs when an employee is fired in violation of their employment contract or in violation of federal, state, or local law.
It’s not just about being upset over losing your job. Florida is an at-will state, which means that you can legally be fired at any time, and you also have the right to quit your job at any time. However, this does not give employers the right to discriminate against employees based on sex, race, religion, color, or national origin.
When Can I File A Wrongful Termination Lawsuit Against My Former Employer?
If an employer discriminates against or retaliates against an employee and fires them for being in a protected class—such as age, disability, or other legally protected characteristics—they may be liable for a wrongful termination claim or lawsuit. However, to successfully file a claim, you must provide evidence that your termination falls within one of these protected categories.
Under American disability laws, your employer cannot fire you for your association with a person who is disabled. For example, if you have a disabled child and need to take time off or request accommodations, your employer is required to provide reasonable accommodations as long as it does not create an undue hardship for the business.
Is It Legal To Get Fired For Speaking Up About An Injustice At My Company?
Wrongful termination can occur when an employer fires someone for speaking out against actions they believe to be in violation of the law.
A common example of this is whistleblower cases. For instance, wrongful termination suits might be brought by physicians or nurses who report substandard medical care or Medicare fraud by their employers and are then retaliated against by being fired, maligned, or having their reputations damaged.
What Steps Should I Take If I Suspect I Was Wrongfully Terminated?
It never hurts to start with prayer, but it also pays to be prepared. Here’s what you should do:
Step 1: Talk To An Employment Lawyer
Chances are you don’t know whether you have a valid case. While Florida is an at-will state, there are exceptions to the at-will employment category that even some employers may not be aware of.
You’ll likely need a lawyer to help decipher the facts and determine if there is a protected reason or statute your employer has breached.
For example, if the employment handbook specifies progressive discipline, but you were fired without receiving this, a lawyer can help you build an argument that the company did not follow its own rules.
That’s why it’s so important to have documentation, including the handbook and other employer procedures and policies, on hand. This will allow your attorney to check for internal policy violations before examining local, state, and federal laws.
Step 2: Documentation & Evidence
If you haven’t already started documenting everything, start now.
Collect all relevant resources and sources, in writing where possible, including:
- Hard copies of all emails
- Anything you received related to your employment or termination
- The employment handbook
- Your contract
- Copies of text messages with or between management
- Emails with or between management
- Any internal complaints you may have made
If your claim relates to the Family Medical Leave Act (FMLA) or your own disability, start gathering all relevant medical records to prove your medical condition or the need to take time off under the FMLA.
Step 3: Keep A Diary
It’s crucial to maintain a clear timeline of events. As soon as you’ve been fired, sit down and start a diary.
This diary should include all relevant dates: for example, when you were hired in January, the events that happened in February, and leading up to being fired in March.
Throughout the ordeal, document where you were and what happened. Capturing these facts and events in your diary while they are fresh in your mind is essential, as you may forget important details later.
Keep this timeline updated throughout your case, as it will help document how the firing has affected your life and your efforts to find a new job, which the court will want to see.
Step 4: Mitigation Efforts
You should also take steps to mitigate the harm against you—it will help your case and your finances!
Just because you’ve been fired doesn’t mean you can sit on the couch every day. You must prove to the court that you are actively seeking work while the case is ongoing. This is called mitigation.
Attorney Eric Jones is a dedicated Florida employment law attorney who has helped countless unfairly fired employees file wrongful termination claims. As a steadfast defender of Florida employees' rights, he is committed to ensuring that no one is taken advantage of and to helping those who seek justice.
Have you been unfairly fired after speaking up or because you belong to a protected category or minority? Contact The Jones Law Firm today to schedule an initial consultation.
What Is The Role Of The EEOC In Wrongful Termination Cases?
The U.S. Equal Employment Opportunity Commission (EEOC) and the state counterpart, the Florida Commission on Human Relations or the Mississippi Workers’ Center for Human Rights, are the governmental agencies that have jurisdiction over certain termination cases.
While they do not handle whistleblower cases, they do address cases where you believe you have been discriminated against based on race, religion, ethnicity, national origin, or gender. The EEOC also has jurisdiction over cases involving the Family Medical Leave Act (FMLA) and age-based claims.
Are Wrongful Termination Cases Based On Discrimination Difficult To Win?
In the majority of wrongful termination cases, an employee may find it challenging to prove discrimination. However, that doesn’t mean it’s impossible.
Even if the facts don’t fully align, you may have a strong case if you can show that you engaged in good faith and were subsequently fired.
For example, if you approach your manager to express concerns about being discriminated against due to a disability and then find yourself fired, losing privileges, having your wages cut, or being marginalized, you might have a solid retaliation case—even if proving the disability discrimination itself is difficult.
In this scenario, instead of pursuing just a discrimination case, you can add a retaliation claim as well. In fact, many cases succeed on the retaliation count.
What Common Mistakes Could Cost Me My Wrongful Termination Case?
Unfortunately, failing to document everything or not following the company’s policies—such as reporting to management, filing a complaint with HR, or completing all required steps—can significantly weaken your case.
It’s crucial, even before you’re fired, and certainly before considering a lawsuit, to follow the internal policies and grievance process before involving the EEOC.
However, there are instances where the company doesn’t give you that opportunity—they might fire you outright to avoid having your complaints on the record. In such cases, you can still involve the EEOC.
If your case is strong enough and the EEOC finds good cause (meaning they believe there is sufficient evidence of retaliation or discrimination), they will likely encourage mediation first. Failing to follow EEOC procedures can cost you your claim, except in rare cases where EEOC involvement isn’t necessary.
What Other Options Are There For Pursuing A Wrongful Termination Claim Besides The EEOC?
In some cases, you don’t have to file an EEOC claim, particularly when other employment laws apply, such as Section 1981 of the Civil Rights Act. You can file these claims directly in state court. However, most people choose to file with the EEOC, even though these claims can sometimes languish there.
This is another reason to have a lawyer on your side. An attorney can often persuade the employer to settle rather than prolong the case for years.
At Jones Law Firm, we’ve had great success in convincing at-fault employers that you’ll eventually receive a right-to-sue letter and continue pursuing the case. Settling early can save them time, costs, and potential damages by bringing everyone to the mediation table.
Regardless of the type of case, mediation is almost always preferable. It saves judicial resources, time, costs, and stress for you and everyone involved. The goal, after all, is not to litigate your case and create conflict, but to resolve the issue entirely.
What Are The Possible Outcomes Of A Wrongful Termination Case?
If you successfully prove you were wrongfully terminated, you could be compensated for all your damages. However, those damages must be supported by solid evidence.
What Damages Can I Claim Compensation For In A Successful Wrongful Termination Suit?
Any harm, loss, or cost you’ve endured as a result of your termination can be considered damages for which your employer is liable. This includes:
- Lost wages
- Future wages
- Lost benefits
- Loss of medical care
- And more
These elements are combined to quantify the extent of your damages. In some cases, emotional distress can also be claimed, but you must have documented medical records and psychotherapy patient records to support this claim.
Just as in construction defect or accident injury cases, credible experts are essential to proving damages. For instance, without expert testimony to confirm emotional distress, your claim may not hold up.
In addition to wages, employees may also be able to recover the balance of a contract if it was breached. For example, if an NFL player was wrongfully terminated before their contract ended, they could sue for the remaining salary promised. (Although, if they played for the Jaguars, the amount might not be much.)
Most often, you’ll be looking to recover what you lost. However, in rare cases, you might also be able to pursue punitive damages. If you can prove that your employer acted with malicious intent or a willful disregard for your rights and the law, punitive damages may be awarded.
Punitive damages are intended to send a message—not only to that employer but to society as a whole—that such behavior is intolerable and will be discouraged.
What Can An Employment Attorney Do To Help My Florida Wrongful Termination Case?
Employment law is a complex area, encompassing over a hundred different laws—from military law to state-based sector-specific statutes. It’s vital to have a credible employment attorney on your side to identify potential claims.
A run-of-the-mill lawyer may not understand your rights or the statutes of limitations involved. You want an attorney who stays updated on employment laws that are rapidly changing.
For example, for LBGTQ+ wrongful terminations, many employers think they can just fire folks outright without consequence. However, while protections under Florida law may be limited, federal laws still apply, and states must comply with them.
What’s more, many people may not realize that employment law involves numerous statutes, each with its own deadlines and legal nuances. An attorney must be able to examine your case from all angles to navigate these complexities effectively.
Still Have Questions? Ready To Get Started?
For more information on Wrongful Termination, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (407) 904-4437 today.
Attorney Eric Jones is a dedicated Florida employment law attorney who has helped countless unfairly fired employees file wrongful termination claims. As a steadfast defender of Florida employees' rights, he is committed to ensuring that no one is taken advantage of and to helping those who seek justice.
Have you been unfairly fired after speaking up or because you belong to a protected category or minority? Contact The Jones Law Firm today to schedule an initial consultation.
