How to Prove Wrongful Termination

A majority of Florida employees do not have employment contracts with their employers, which means they are at-will employees. Florida is an at-will employment state, which means that, unless an employee has entered into an employment contract with their employer, they can be terminated for any time and for any reason, and on the flip side, the employee can also leave their job at any time and for any reason without experiencing legal consequences. However, at-will employment does not allow for a wrongful termination that is in violation of existing law. Likewise, there are usually limited reasons for which an employee with an employment contract can be terminated.

What should you know about identifying and proving wrongful termination? An experienced Palm Beach Gardens wrongful termination lawyer at our firm is here to help you with the specific facts of your case, and we can provide you with general information in the meantime.

Understand Wrongful Termination 

To be able to prove wrongful termination, it is critical to understand what constitutes wrongful termination. According to USA.gov, the definition of wrongful termination is straightforward: “Wrongful termination happens when your employer fires you for an illegal reason.” Illegal reasons for termination include but are not limited to:

• Discrimination prohibited under state or federal law;
• Labor law violation;
• Violation of federal layoff notice requirements;
• Health and safety law violation;
• Whistleblowing;
• Participation in an employment investigation;
• Retaliation;
• Constructive discharge (where an employer makes your work conditions so intolerable that you resign or quit); and
• Violation of termination clause in an employment contract.

Obtaining Evidence for a Wrongful Termination Claim 

Proving wrongful termination in your particular case will depend in part on the type of wrongful termination you experienced. For example, the elements of your wrongful termination claim will depend on whether you were terminated in violation of an existing law, as a form of retaliation, through a constructive discharge, or in violation of your employment contract. Once you know the elements required for your specific case, you can gather evidence that may include, for example:

• Statements or communications from other employees, clients, or customers;
• Statements or communications from supervisors or managers;
• Memos or other communications from the employer;
• Recorded conversations or meetings with a supervisor, manager, or employer (provided they comply with Florida’s two-party consent law); and
• History of similar wrongful terminations from previous investigations or ex-employee wrongful termination claims or lawsuits.

An experienced employment lawyer in Florida can assess the specific facts of your case to determine what evidence may exist, and is likely to be most helpful, in your particular wrongful termination claim.

Contact Our Palm Beach Gardens Wrongful Termination Lawyers 

Getting fired from your job can be unexpected and demoralizing, and it can be especially angering when you believe you were wrongfully terminated. If you were recently terminated and need help determining whether you are eligible to file a wrongful termination claim, it is important to discuss your case with one of the experienced Palm Beach Gardens wrongful termination attorneys at Sconzo Law Office. We can talk with you today to learn more about your situation and to assist you with a wrongful termination claim. Contact us today for more information.

Sources:

usa.gov/wrongful-termination

eeoc.gov/statutes/title-vii-civil-rights-act-1964#:~:text=Title%20VII%20prohibits%20employment%20discrimination,religion%2C%20sex%20and%20national%20origin

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0760/0760PARTIContentsIndex.html