Can I Sue My Former Employer for Firing Me?

If you were fired relatively recently by an employer, you may be wondering if you could be eligible to sue your employer for firing you. This issue can be relatively complicated, especially in an at-will state like Florida. Whether or not you are likely to have a claim against your employer will depend on a number of factors, including the type of employment relationship you had with the employer and whether your employer may have engaged in unlawful discrimination or otherwise violated a state or federal law in terminating your employment. Our Palm Beach Gardens wrongful termination lawyers can provide you with more information, and we can speak with you today about the details of your case if you believe you were wrongfully terminated.

At-Will Employment and Employment Contracts in South Florida

To determine whether you can sue your former employer for firing you, it will be important to understand whether you had an at-will employment relationship or a contractual employment relationship with the employer.

Florida, like most states, is an at-will employment state. What this means is that an employer can fire an employee for any reason and at any time unless the termination is in violation of state or federal law. Likewise, an employee can leave their job at any time and for any reason without having to worry about adverse consequences from the employer. However, if you have an employment contract, then you are not an at-will employee. Instead, any termination must occur according to the terms of the employment contract. If your employer breached the terms of the contract, then you may be able to sue them.

Understanding Wrongful Termination in Florida

Outside violating the terms of an employment contract, when does terminating an at-will employee constitute an actionable wrongful termination? In short, the termination will need to occur for a reason that violates state or federal law. The Florida Civil Rights Act (FCRA), as well as a wide range of federal laws, protect at-will employees from certain forms of discrimination that may be the reason for termination, as well as from other unlawful reasons for termination. These laws prohibit termination on any of the following bases:

• Discrimination on the basis of race, sex, religion, color, ethnicity, national origin, disability, age (if you are 40 or over), and many other protected classes;
• Retaliation for an employee exercising rights under any state or federal law, including discrimination laws, employee safety and health laws, whistleblower laws, wage and hour laws, and more; and
• In some cases, even layoffs without proper notice can constitute wrongful termination under federal law.

Contact Our Palm Beach Gardens Wrongful Termination Attorneys

If you believe you were fired for an unlawful reason or in violation of your employment contract, you may be able to file a claim against your employer. It will be extremely important to have an experienced Palm Beach Gardens wrongful termination attorney at Sconzo Law Office review your case to determine whether your situation likely involves wrongful termination. If you were wrongfully terminated under state or federal law, we can help you to seek a remedy. Contact our firm today to learn more about how we assist employees with wrongful termination claims in South Florida.

Sources:

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

eeoc.gov/statutes/title-vii-civil-rights-act-1964

ncsl.org/labor-and-employment/at-will-employment-overview