As an at-will employment state, Florida’s employment laws give employers a lot of leeway for terminating employees. However, employees do have legal protection against being fired in cases of discrimination or retaliation or because the employee has exercised certain civil rights.
The employees’ rights lawyers of Cruz Law Firm, P.A., are dedicated to standing up for individuals who have been mistreated in the workplace, including in cases of wrongful termination of employment. We are known across the Florida Panhandle as a leading law firm for handling cases involving wrongful termination, sexual harassment, whistleblower claims, employment discrimination, and other workplace rights. We focus solely on protecting employees’ rights, including pursuing compensation for the unjust treatment our clients have suffered.
Whether you’re a laborer, clerical staff, a public educator, middle management, or a C-suite executive, you have certain employment rights. At Cruz Law, our Jacksonville wrongful termination lawyers are fiercely committed to protecting your rights. Our lawyers have prevailed in some of Florida’s most difficult employment-related lawsuits, including several against government entities.
If you believe your employer dismissed you in violation of state or federal law, you may have grounds to hold them financially accountable for your financial losses. The Cruz Law Firm can help you determine whether you have a provable wrongful termination complaint. From our offices in Tallahassee, our attorneys assist victims of wrongful termination in Jacksonville and across the Florida panhandle A wrongful termination lawyer can help you pursue maximum compensation and the relief provided by state and federal law.
Reach out today to Cruz Law for a free and confidential consultation with an experienced wrongful termination attorney.
What is Wrongful Termination in Florida?
Florida is known as an at-will employment state. The at-will employment doctrine allows either the employee or the employer to end their employment arrangement without cause and without notice. In other words, you can be fired from a job for any reason as long as it does not violate civil rights laws or provisions of an employment contract.
Firing an employee in violation of state or federal protection against discrimination or retaliation is wrongful termination of employment. Employees are protected by such laws as the Florida Civil Rights Act, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and other federal laws.
The various federal and state employment protection laws make it illegal to terminate, refuse to hire, or harass an employee or job applicant on the basis of their:
- Race
- Color
- National origin
- Disability
- Age
- Gender
- Religion
- Marital status
- Medical conditions, including pregnancy
- Sexual orientation.
It is also illegal to terminate a person’s employment in retaliation for:
- Refusing to give in to sexual harassment, such as rejecting romantic advances, refusing demands for sexual favors, or discontinuing a sexual relationship.
- “Whistleblowing,” reporting an employer’s fraud, waste, abuse, corruption, wrongdoing, illegal or unethical activity, or endangering people’s health and safety.
- Reporting unsafe work conditions.
- Refusing to take part in activities that violate a law or regulation.
- Testifying or providing information to a government agent who is investigating or holding a hearing about an alleged illegal activity by the employer.
- Disclosing or threatening to disclose information about activities or policies that violate the law. The employee must have previously brought the activity or policy to the attention of the employer or supervisor in writing.
- Asserting their workplace rights.
Wrongful termination also includes firing someone in violation of public policy or because they have:
- Taken time off to serve jury duty
- Taken time off to vote.
- Taken time off under the Family and Medical Leave Act (FMLA).
- Filed a workers’ compensation claim. Note that an employer can legally terminate an employee who is on workers’ compensation leave if the employee can no longer perform the essential functions of their job due to a work injury or occupational illness.
An employment contract may spell out protections against termination without cause in addition to what anti-discrimination and anti-retaliation statutes provide. A union agreement will contain protections against termination that are stronger than what Florida law and federal statutes require. Federal, state, and local government employers also make it more complicated to dismiss employees without cause or unlawful acts of discrimination or retaliation.
The Legal Process in Jacksonville, FL: How Cruz Law Firm Can Help
There are two paths a wrongful termination claim may take:
- A complaint to the Florida Commission on Human Rights (FCHR) and/or the U.S. Equal Employment Opportunity Commission (EEOC).
- A lawsuit against your employer.
In most cases, an employee must file a complaint with the Florida Commission on Human Rights or the Equal Employment Opportunity Commission before they can file a lawsuit. The EEOC may take over a complaint from the Commission on Human Rights. After an investigation, the EEOC or FCHR will usually attempt to settle the dispute through mediation. If mediation fails but the agency has found cause for the complaint, the EEOC or FCHR will issue a Notice of Right to Sue. This gives the employee 90 days to file a lawsuit against their employer. The lawsuit may demand compensation or other relief, such as reinstatement to their job.
A wrongful termination lawyer will start by discussing your legal options with you so that you know what to expect throughout the claims process. The attorney will work to understand what the wrongly dismissed employee is seeking. Before taking legal action, it is best to try to work things out with an employer who is not acting in good faith. Sometimes, a letter from our law firm or a conversation with one of our attorneys leads to the resolution of a wrongful termination case.
If we cannot negotiate an acceptable settlement and need to file a claim and/or a lawsuit against your employer to make things right for you, we will do so on your behalf.
As we press your wrongful termination claim in negotiations, mediation, or in a lawsuit, we may demand for you:
- Back pay – (base salary plus overtime pay, bonuses, commission payments, and other financial benefits) compensation you would have earned between your termination and the resolution of your legal claim had you not been wrongly dismissed.
- Front pay – remuneration you would have earned through career advancement and other opportunities had you not been terminated
- Compensation for emotional distress you suffered because of your termination, including the cost of mental health care you may have sought.
- Reimbursement of your costs to find and move to a new job.
- Payment of your legal fees and expenses.
- Reinstatement to the position you lost due to unlawful termination.
- Punitive damages – compensation a jury may award to punish the employer for outrageous conduct and to demonstrate that such conduct will not be tolerated.
Gathering and Presenting Your Case in Jacksonville
As our wrongful termination lawyers gather evidence to present your case, we will:
- Document your employment and job performance, including obtaining your employment contract, job description, performance appraisals and witness statements.
- Investigate the circumstances of your termination to find evidence that shows your employer’s motive for firing you was illegal, which may include emails, text messages, and memos that show the history of interaction between parties.
- Prepare and file claims on your behalf for the relief you deserve.
- Present your claim and negotiate your demands for relief from your employer.
- Advocate on your behalf before the EEOC or FCHR.
- Present your case in court to demand full compensation and legal relief for you.
If your employer’s unlawful actions have put your career, finances, and future at risk, our law firm will be there to stand between you and your employer as we seek to make things right for you. We’ll fight for the compensation available to you under Florida law.
Out employment law attorneys have more than 17 years of combined legal experience and have used it to take more than 100 employees’ rights cases to trial in state and federal courts. We have recovered more than $15 million for clients like you. As we fight for you, we will treat you with dignity and respect and keep you informed of the progress of your case throughout your process. We handle wrongful termination cases on a contingency basis, meaning you pay no attorney fees unless we win your case.
Talk to Our Jacksonville Wrongful Termination Lawyers Today
If you have been wrongfully terminated from a job in Jacksonville, FL, you may be owed a substantial reimbursement for your employer’s violation of your civil rights. The wrongful termination attorneys of the Cruz Law Firm can help you demand compensation, reinstatement and/or additional legal relief you are entitled to.
Our attorneys represent hard-working people like you in Jacksonville, Tallahassee, and across the Florida Panhandle. We are dedicated to providing each client with robust legal representation and personalized service that gets results. Contact us online for a confidential consultation or call (850) 701-8838 now.