In Florida, if a worker is terminated by their employer in a manner that violates Florida law or federal law, they can sue for wrongful termination. To file a complaint for wrongful termination, a worker will need to submit their issue to the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR).
It is important to be aware that there are time limits, or statutes of limitations, on these types of claims in Florida. In general, a worker has 300 days for a claim of discrimination or 180 days for a claim of retaliation.
The State of Florida is an at-will employment state. This means that employers in Florida, generally, can terminate workers for any reason that is not prohibited by law or even no reason at all.
If the FCHR or EEOC investigate the issue and are not able to provide an acceptable resolution, they will issue a letter that allows the worker to file a lawsuit. Because of the time limits noted previously, it is essential for a Florida worker to schedule an attorney consultation as soon as they can.
What Is Wrongful Termination?
When firing a worker, there are some things your boss can’t legally do. When this happens, it is referred to legally as wrongful termination.
Although employers can fire at-will workers for essentially any reason or even no reason, their reason cannot be illegal. For example, if that reason violates federal, state, or local laws, it will be considered illegal.
One common example of illegal termination is when an employer terminates a worker because they submitted a workers’ compensation claim. Another common situation in which wrongful termination arises is when a worker becomes a whistleblower, and files a complaint against their employer.
There are three main situations in which termination of a worker is not proper and may be considered illegal. These include discrimination based on race, gender, and other federally protected characteristics, breaching the employment contract, and public policy issues.
If a worker has an employment contract and their employer terminated them in a way that violated that contract, it can also be considered wrongful termination. A worker can consult with a Florida lawyer to gain an understanding of whether or not their termination may have been wrongful.
How Do You Prove Wrongful Termination?
What will be needed to prove wrongful termination will vary depending on the facts of each worker’s individual case. As a general rule, workers should gather documentation related to their termination and why it was allegedly wrongful.
Evidence that can be used in these cases includes things that show that they were, in fact, employed as well as the terms of that employment. Other helpful documents include the employer’s company policies and their employment contract, if applicable.
If a worker thinks the quality of their job performance is not reflected in their actual performance reviews, under unfair performance review law, they can contest those reviews. Not all Florida employers have to provide performance reviews to their workers.
A worker who believes they were wrongfully terminated should also keep documentation of their wages, salary, and other benefits they received at their job. To find out more about the specific evidence that will be needed for a worker’s claim, it is important to reach out to a Florida attorney.
How Can You File a Complaint Against Your Employer in Florida?
As previously noted, a worker can file a complaint against their employer with the EEOC or with the FCHR. To file a claim with the EEOC, a worker can use their website, go to a local office, or visit a Fair Employment Practices Agency (FEPA).
The agency that investigates the complaint will either file a lawsuit against the company on their own or will issue the worker a right to sue letter. If a worker is wondering how to sue a company for unfair treatment, this letter is how. Once the worker receives this letter, they can go to civil court and file a lawsuit for wrongful termination.
Can You Sue for Being Wrongfully Terminated?
Yes, in certain cases, a worker may be able to file a lawsuit against their employer for wrongful termination as well as other issues. For example, the worker may be able to show their employer breached the terms of their employment contract when they wrongfully terminated the worker.
Other issues that may arise in these cases include wage and hour violations and fraudulent concealment.
What Damages Can You Receive From a Wrongful Termination Lawsuit?
In Florida, the damages that a worker can receive include monetary damages, such as lost wages, and equitable damages, such as being reinstated to their former position.
If the employer behaved in a manner that was outrageous or egregious, they may also face punitive damages. These types of damages are intended to punish offending employers and prevent future similar conduct from that employer as well as others.
An employer lawyer will often represent a wrongful termination client on a contingency fee basis, which means the attorney will not be paid unless the case is successful. The lawyer will receive a percentage of the award or settlement that the client receives.
In Florida, there are no caps, or limits, on the amount of compensatory damages that can be awarded in these types of cases. However, there may be a cap on the amount of punitive damages that may be awarded.
How Much is a Wrongful Termination Lawsuit Worth in Florida?
How much a wrongful termination lawsuit will be worth in Florida will vary depending on numerous factors. Some of these cases result in a few thousand dollars, while some end up in the amounts of tens or hundreds of thousands of dollars.
The value of the wrongful termination case will depend on factors including the salary of the employee, how long they have been unemployed, how strong the evidence is for retaliation or discrimination, and the conduct of the employer.
Do I Need a Florida Lawyer To File a Wrongful Termination Claim?
If you are a worker who believes they were wrongfully terminated in Florida, it is essential to reach out to a wrongful termination lawyer in Florida as soon as you can. You may be able to include multiple types of legal claims in your lawsuit against your employer.
Your Florida wrongful termination attorney will help you gather the necessary evidence, file a claim with the proper state agency, and file a lawsuit, if necessary. In addition, your attorney can explain the possible outcomes under Florida law.
You can easily and quickly use LegalMatch’s free online lawyer matching services to find a wrongful termination lawyer in Florida who can help you in as little as 15 minutes. You will get messages from licensed and pre-screened Florida attorneys who are ready to help you resolve your wrongful termination issue.
The messages from each Florida lawyer will have information about their educational background, fees, and client reviews. Many attorneys, especially for wrongful termination cases, will give potential clients free initial meetings, or consultations.
By using LegalMatch, you can speak with multiple lawyers to find the best fit for you. Get started today easily and confidentially.
