Wrongful Termination Lawyer in Tallahassee

What Are the Wrongful Termination Laws in Florida?

Laws exist at both the state and federal levels to protect workers from wrongful termination. Some of the Florida-specific labor laws include:

• Florida Civil Rights Act – Outlaws discrimination against workers on the basis of race, color, national origin, religious belief, sex, disability, pregnancy, or marital status.
• Florida Statues 440.205 – Prohibits the retaliatory discharge of employees who file for worker’s comp benefits.
• Florida Statutes 448.102 – Illegalizes the termination of an employee who reports unlawful or unethical conduct by their employer or objects to participating in unlawful conduct by their employer.
• Florida Statutes 112.3187 – Makes illegal the termination of a public employee who reports a violation of a law, rule, or regulation by their employer.

The federal government also protects against wrongful termination through the following laws:

• Title VII of the Civil Rights Act of 1964 – Makes it illegal to discriminate or retaliate against a worker on the basis of a protected characteristic, such as race, color, national origin, religious belief, sex/gender, or sexual orientation.
• Age Discrimination in Employment Act – Prohibits discrimination against workers age 40 and older.
• Fair Labor Standards Act – Protects employees against wrongful termination for complaining to their employer about wage and hour violations
• False Claims Act – Provides protections for employees who disclose their employer’s fraudulent activities involving federal agencies or contracts or fraudulent claims for reimbursement from federal programs such as Medicare
• Family and Medical Leave Act (FMLA) – Outlaws the termination of employees in retaliation for requesting or taking eligible leave

Wrongful Termination Claim

You can sue your employer for financial losses or other legal relief if you believe your employer terminated you in violation of state or federal law. Moreover, you might have grounds to file a claim with the state or federal government.

How to Prove Wrongful Termination

Evidence that can help you prove you were wrongfully terminated includes:

• Your employment agreements and your employer’s HR and corporate policies
• Copies of any internal HR complaints you filed
• Copies of your workers’ compensation or FMLA requests
• Copies of any records from whistleblower claims you may have filed against your employer
• Eyewitness testimony of discrimination or harassment you suffered
• Copies of emails, text messages, internal messaging system posts, or social media posts demonstrating discrimination, harassment, or retaliation
• Your performance reviews
• Recordings or notes of in-person conversations or phone/video calls

This evidence can help support an inference that you were fired for an improper purpose. Your employer may try to argue that you were fired for a legitimate purpose, such as inadequate performance, misconduct, or corporate financial difficulties. However, you can prove that your employer’s explanation is merely a pretext for wrongful termination by presenting additional evidence, such as:

• Suspicious timing between a protected activity and your termination
• Increased scrutiny of your job performance immediately before your termination
• Changing explanations for your termination
• Comments made by managers and supervisors before or during your termination that suggest an improper motive

Types of Damages in a Wrongful Termination Lawsuit

By filing a lawsuit against your employer for your wrongful termination, you can pursue financial and legal relief such as:

• Lost back pay that you would have earned between your termination and the resolution of your legal claim
• Lost front pay that you would have earned after your claim if not for the loss of your job and career advancement opportunities
• Compensation for emotional distress caused by your termination, including costs of medical and mental health care
• Reimbursement of costs of finding and moving to a new job
• Reimbursement for legal expenses
• Legal relief, such as a court order reinstating your job
• Punitive damages to punish your employer for egregious conduct

How Long Do I Have to File a Wrongful Termination Claim?

You may face various deadlines on your wrongful termination claims, depending on the circumstances of your termination. In many cases, a wrongful termination must begin with a charge filed with the U.S. Equal Employment Opportunity Commission or the Florida Commission on Human Relations (FCHR).

An EEOC charge must be filed within 180 days of notification of your termination or the date that you learned you might have been wrongfully terminated. However, this deadline may be extended to 300 days if your employer’s actions were prohibited by state or local law, as in Florida.

After you have filed this with the help of an EEOC attorney, the agency may issue a notice of right-to-sue, permitting you to file a lawsuit in federal court against your employer. You have 90 days after receiving the notice to file suit.

If you are going through the FCHR, you must file your claim within 365 days of your termination or the date you learned that your termination was improper.