Was I Wrongfully Terminated from My Job?

If you were recently fired or terminated from your job, you may be wondering if your employer violated an existing state or federal law in doing so, and whether you could have options for seeking a remedy. Many people incorrectly assume that any termination in a Florida workplace — regardless of the reason — is lawful because Florida is an at-will employment state. Yet there are many circumstances under which termination is unlawful under state or federal law. An experienced Palm Beach Gardens employment lawyer can explain and can talk with you about your case today.

Discrimination or Retaliation for Exercising Your Rights 

One of the most common types of wrongful termination in an at-will state is a termination based on unlawful discrimination (or retaliation for exercising your rights under the law). Employees in Florida have protections against many forms of discrimination, including but not limited to protections against discrimination on the basis of:

• Race;
• Religion;
• Sex, including sexual harassment;
• Pregnancy;
• Disability;
• Age; and
• National origin.

Employees also have various work-related rights under federal law in Florida, including rights to a safe workplace and rights to be paid certain wages. If any employee is terminated as an act of retaliation for reporting discrimination (or engaging in any investigation related to discrimination), or for exercising rights under workplace safety, job-protected leave laws, or wage and hour laws, the employee may have a wrongful termination claim.

Retaliation for Refusing to Engage in or Reporting Unlawful Workplace Activities 

Employers cannot penalize employees for refusing to engage in unlawful workplace activities, and they cannot penalize workers for reporting unlawful activities in the workplace. Employees have protections against this kind of adverse behavior under whistleblower laws. Firing an employee for whistleblowing is a form of wrongful termination.

Breach of Contract 

While Florida is an at-will state, there are certain employment relationships between an employee and an employer governed by an employment contract, which may specify terms for terminating an employee. If the employer violates those terms, the employee’s termination may be wrongful and the employee may have a breach of contract claim.

Notice Violations 

There are also certain laws that require an employer to give advance notice if they are planning a mass layoff, and if an employer does not provide adequate notice, the employee could have a claim. For example, the Worker Adjustment and Retraining Notification (WARN) Act requires employers to provide at least 60 days’ notice to employees who will be laid off when the employer has 100 or more employees at all locations. The law also applies to mass layoffs affecting 50 or more workers at a single location.

Contact Our Palm Beach Gardens Wrongful Termination Lawyers 

If you have concerns about wrongful termination, one of the experienced Palm Beach Gardens wrongful termination attorneys at Sconzo Law Office can assess your case for you today. Although Florida is an at-will state, there are many circumstances in which an employer’s decision to terminate an employee is unlawful, and the employee may have options for seeking a remedy. Contact us today for assistance.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0448/0448.html

dol.gov/sites/dolgov/files/WHD/legacy/files/FairLaborStandAct.pdf

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

ftc.gov/office-inspector-general/whistleblower-protection

dol.gov/general/topic/termination/plantclosings