Florida is an at-will employment state. Simply put, this means an employer can terminate an employee for any reason – so long as it is legal. So, when does termination become wrongful and/or illegal? Here are some of the most common types of employee disputes:
Wrongful Termination
It is illegal for an employer to fire an employee for a reason that is in violation of Florida employment law. For example, employees cannot be fired for reasons that are discriminatory or retaliatory.
- Breach of Employment Contract. Do you have a written executed employment contract? If so, your employment is no longer at-will. If you believe you have been terminated due to breach of contract you may have a claim against your employer.
- Termination for Time Off. It is illegal to fire employees for taking time off work to serve on a jury; taking time off to vote; serving in the military or blowing the whistle on the employer to report illegal or harmful activity. If your employment has been terminated based upon these grounds, you may have a claim against your employer for retaliation and bad faith.
- Discrimination. If you believe you have been terminated because of race, color, gender, religion, age, national origin, disability, pregnancy or sexual orientation, you may have a claim for discrimination against your employer. Discrimination litigation is highly complex. There are mandatory pre-suit requirements. You must file a Complaint with a federal or state agency before you file a wrongful termination lawsuit against your employer in Court.
- Harassment. Are you a victim of harassment, sexual harassment, quid pro quo or working in a hostile work environment? If so, you may have a claim against your employer for wrongful termination.
- Whistle Blowing. Reporting illegal activity or safety violations to governing boards. When your employer finds out, you are demoted, treated differently, passed up for a promotion or terminated. If this has happened to you, you may have a cause of action for retaliation against your employer.
- Misrepresentation/Fraud. Did your employer misrepresent the terms of your employment or your salary or commit fraud against you? In order to prove fraud, you must show evidence that your employer falsely represented the job, that intended to mislead or deceive you, that you relied on that representation when taking the job and that you suffered damages.
If you have been wrongfully terminated, you need an employment attorney on your side. At the Horton Law Group, we treat our clients like family. We are actively involved in the community. We are well respected in the courtroom, and we have a stellar reputation in the community. We maintain professional relationships with our clients long after their cases are resolved because we fight to obtain the best possible outcome for them. We are confident that you will be happy with your decision to hire the Horton Law Group to represent all of your business needs. Please contact the Horton Law Group, P.A. at 561-299-0018 or email [email protected] to schedule a free 30-minute consultation with a qualified member from our team.
In addition to being well versed in employment law, we are also knowledgeable with court rules and procedures. we will try to negotiate a settlement prior to litigation. However, if we cannot resolve the case outside the courtroom, we file suit and prepare for trial. Without an aggressive attorney on your side, you will be at a serious disadvantage.
You know when something is not quite right in the workplace. If you believe you believe you are about to be a victim of wrongful or retaliatory termination, please call us immediately to schedule your free consultation with a qualified member of our team. In addition, it is critical to take the following steps:
- Know your rights
- Do not act aggressively or in retaliation to being wronged by your employer. How you handle your termination can make a huge difference in the outcome of your case
- Retain the Horton Law Group to represent you
- Document everything (keep all emails, texts and other written documentation you received from your employer)
- Request a letter from your employer that clearly states the reason for the termination
- Write down a detailed record of what happened. Make sure to include specific events, dates and the names and contact information for all witnesses. This will help tremendously with litigation strategy
- Do not post information about your situation or your employer online. Nothing good can come from this. If you do this, it may be used against you in Court. Or even worse, you may be sued for defamation.
Damages in a Wrongful Termination Case
If a Judge or Jury agrees with you and finds that you were wrongfully terminated, you can recover damages that may include:
- Lost wages
- Unpaid wages, overtime or other compensation that you did not receive
- Lost benefits
- Emotional distress damages (pain and suffering)
- Attorney fees
- Punitive damages
If you believe you’ve been wrongfully terminated, please contact us immediately. We are good at what we do, and we will fight for you. At the Horton Law Group, we treat our clients like family. We are actively involved in the community. We are well respected in the courtroom, and we have a stellar reputation in the community. We maintain professional relationships with our clients long after their cases are resolved because we fight to obtain the best possible outcome for them. We are confident that you will be happy with your decision to hire the Horton Law Group to represent all of your business needs. Please contact the Horton Law Group, P.A. at 561-299-0018 or email [email protected] to schedule a free 30-minute consultation with a qualified member from our team.
