Experienced Unfair Dismissal Lawyers in Florida

Has your employer fired you for an improper, illegal, or unfair reason? Depending on the circumstances of your termination, you may be entitled to compensation or another form of relief. The team at Cruz Law Firm, P.A. wants to help you assert your rights and demand justice for what happened. Contact us today for a case evaluation with a wrongful termination attorney in Florida, and let’s discuss your next steps.

Understanding Unfair Dismissal in Florida

Terminations don’t always happen for a fair reason. You may feel you were fired for a reason that was wrong, unjust, or made up – or for no reason at all. However, not all unfair terminations are illegal.

Florida has adopted the “at-will” employment doctrine. This rule makes all employees in the state at-will workers by default, unless their employment contract says otherwise. Under the at-will employment doctrine, an employer may terminate an employee at any time and for any reason or even no reason – with some exceptions.

In Florida, terminating a worker’s employment may be unlawful if it is done for a reason that is prohibited by federal or Florida law or public policy.

Wrongful Termination vs. Unfair Dismissal: What’s the Difference?

Wrongful termination refers to firing an employee for a reason that violates employment laws or public policy, such as discrimination, retaliation, or breach of contract. Employees subjected to wrongful termination may have a legal claim against their employer for financial compensation, reinstatement, or other relief.

On the other hand, an unfair dismissal may include a broader, more informal scope of terminations. Unfair dismissal may result from an employer who doesn’t treat their employees fairly, even though their conduct may not violate laws, public policy, or employment contracts.

For instance, an employer might fire a well-performing employee because the company is restructuring and no longer needs the position. While this isn’t fair, the termination would be within the employer’s rights under Florida’s at-will employment rules. However, if the company’s restructuring targeted employees of a certain race or other protected class, it may be considered wrongful termination.

While unfair dismissal doesn’t always meet the standard of an unlawful or wrongful termination, it certainly can in some cases. A Florida unfair firing lawyer can review your situation and determine if you may have a valid wrongful termination case against your employer.

Common Reasons for Unfair Dismissal

Some of the common reasons for unfair dismissal of employees in Florida that may be considered wrongful termination include:

• Breach of contract, such as an employer terminating an employee for no reason when the employment contract requires them to provide good cause
• Whistleblower retaliation, including firing an employee who reported the employer for illegal, unethical, or fraudulent actions
• Family and Medical Leave Act (FMLA) retaliation, which includes terminating an employee for requesting or taking statutorily protected leave
• Discrimination, which involves terminating an employee based on their race, color, national origin, religious belief, sex, gender/gender identity, sexual orientation, pregnancy, disability, or other protected characteristic
• Labor retaliation, including terminating workers for labor union-related activities or organizing collective action among co-workers

Employee Rights Under Florida Employment Law

Employees in Florida have protections under federal and state law against unlawful terminations, including:

• Title VII of the Civil Rights Act of 1964, which prohibits termination of employees based on their race, color, national origin, religion, sex, gender, or sexual orientation
• Americans with Disabilities Act (ADA), which prohibits termination of employees based on their disability or perceived disability or for requesting disability accommodations
• Age Discrimination in Employment Act (ADEA), which prohibits termination of workers aged 40 or older due to their age
• The Florida Civil Rights Act (FCRA), which prohibits terminating employees based on protected characteristics like race, color, national origin, religious belief, sex/gender, disability, or pregnancy

State and federal laws also prohibit terminating employees in retaliation for whistleblowing or exercising their legal rights under various employment laws, such as Florida’s workers’ compensation law, the FMLA, or the Fair Labor Standards Act (FLSA).

Legal Process for Unfair Dismissal Claims

If your unfair dismissal amounts to wrongful termination, you have the right to pursue legal action against your employer. The process of pursuing a wrongful termination claim in Florida begins with gathering evidence that can help support your case, such as:

• Correspondence from your employer
• Internal emails, direct messages, voicemails, and text messages
• Your employee file
• HR records, including records related to disciplinary procedures or mass terminations
• Witness statements
• Your employment contract and your employer’s HR and corporate policies
• Copies of any requests, complaints, or claims you may have filed

Once you’ve gathered enough evidence to support your case, you may need to file a charge with the U.S. Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR). After filing a claim with the EEOC or FCHR, they will investigate and may try to resolve it. If they can’t, the agency may issue you a right-to-sue letter allowing you to file your wrongful termination lawsuit.

No matter what legal action you take, you have limited time to file. It’s critical to consult a lawyer for unlawful termination to get started as soon as possible.