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What is Considered Wrongful Termination in Florida?
Florida has no specific state statute that solely relates to wrongful termination. Still, various state and federal laws provide legal foundations upon which the types of conduct or grounds for termination may be considered illegal. For example, the Florida Civil Rights Act prohibits employment discrimination based on various protected factors and character classes. Violations of the Florida Civil Rights Act can be reported to the Florida Commission on Human Relations.
As Florida is an at-will state, businesses can generally fire their workers without cause or advance notice. However, you cannot fire an employee if the termination is for an illegal reason or goes against the terms of an employment contract. Retaliation is also unlawful. You cannot fire employees for engaging in protected activities such as participating in investigations or reporting discrimination.
Examples of wrongful termination that could lead to litigation include the following:
- Breach of contract: While Florida employers can typically terminate employees, employment terms and contract violations could lead to wrongful termination claims. Some employment contracts may have specific provisions requiring good cause for termination, a certain amount of advance notice, or other restrictions. If these provisions are not met, the employer could be guilty of breach of contract and face wrongful termination claims
- Discrimination: Federal and Florida law prohibits businesses from firing employees based on protected characteristics. Examples include race, color, religion, sex, gender identity, sexual orientation, pregnancy status, national origin, genetic information, age, marital status, AIDS or HIV, and physical or mental disability. Employers guilty of workplace discrimination may face wrongful termination claims
- Retaliation: State law prohibits employers from terminating their workers in retaliation for several protected activities, including reporting hazardous working conditions, joining a union, taking leave under the Family and Medical Leave Act, issuing complaints about unfair labor practices, requesting reasonable accommodations for religious practice or disabilities, participating in an investigation, or complaining to an employer about discrimination or harassment. Additionally, Florida law protects workers from retaliatory termination for acts like claiming workers’ compensation, reporting government waste, and reporting an employer’s legal violations. While employees in these situations may be terminated for valid reasons, it is illegal to terminate them in a retaliatory fashion
What Are Acceptable Grounds for Termination in FL?
To avoid wrongful termination claims and potential litigation, it is important to only terminate workers for valid or legally acceptable reasons.
Termination based on violations or workplace misconduct refers to examples where workers engage in workplace behavior that breaches company policies, breaks the law, or undermines the company’s interests. Examples include discriminatory or harassing behavior, breach of confidentiality, gross insubordination, falsification of company records or documents, substance abuse on the job, workplace violence, embezzlement, fraud, and theft. In many cases, employers may need to thoroughly investigate allegations of misconduct or violations before taking disciplinary action and firing an employee.
It is legal to fire workers for performance-related issues. When employees consistently fail to meet expectations, fulfill their job duties, or achieve performance goals, their employer has every right to consider terminating their employment. Common performance issues that could justify termination include inadequate job skills, poor customer service, constant lateness for work, inability to adapt to new job requirements, substandard productivity, continuous failure to follow instructions, and absenteeism.
Other legitimate reasons may include the following:
- Employees breaching employment contract terms
- Job position was eliminated due to restructuring or economic factors
- Layoffs necessitated by financial constraints or changes to business organization
- Loss of required qualifications or licenses for the job
- Non-renewal of contracts
- Voluntary resignation or retirement
While Florida is an at-will employment state, and employers can terminate their employees with or without cause at any time, there are certain exceptions to the rule. Workers covered by the federal WARN Act must be given 60 days’ notice before mass layoffs or plant closures. Florida’s Mini-WARN Act, known as the Florida Worker Adjustment and Retraining Notification Act, requires companies with 75 or more employees to provide at least 60 days’ notice of mass layoffs, warehouse closings, or relocations that affect 1/4 of the workforce. Finally, employers are expected to adhere to those contractual obligations if the employment contract specifies notice requirements for firings.
How Can Employers Minimize the Risks of Litigation Over Wrongful Termination?
Employees can sue for wrongful termination if they believe they were fired in violation of their employment contracts for retaliatory or discriminatory reasons. If a former employee has sued you for wrongful termination, please contact our Florida law offices to schedule a free case evaluation with our legal team.
To reduce the risk of a worker filing a wrongful termination lawsuit against you, you should consider some of the following steps:
- Consider conducting exit interviews to help understand the reasons for worker departures and ensure that any firings are not retaliatory or discriminatory
- Draft employment contracts with clear terms and limitations on the employer’s termination rights
- Implement consistent and easy-to-understand employment policies to prevent discrimination, retaliation, and wrongful termination claims
- Keep thorough records of employment issues and disciplinary actions against workers that could support your decision to terminate employment and defend against claims of wrongful termination
- Train managers and supervisors of the applicable employment laws, ensuring that they are aware and in compliance with state and federal laws when disciplining employees
What Legal Defense Can Businesses Utilize When Faced with Wrongful Termination Lawsuits?
When faced with wrongful termination litigation, common defenses that employers and their lawyers may utilize include the following:
- Asserting that a wrongful termination lawsuit was not filed within the applicable time frame
- Establish the right to terminate with or without cause under at-will employment laws
- Illustrate insufficient evidence to support claims of discrimination or retaliation.
- Providing legitimate business reasoning
- Show that you have exhausted potential remedies
To legally terminate an employee in Florida, you should start by documenting the reason for the termination and ensuring that your reasoning is valid and cannot be considered discriminatory. Review company policies or employee handbooks to refer to specific procedures for disciplining and firing workers. Then, when it comes time to fire the employee, provide them with a clear explanation of the reasons for their termination.
Schedule a Free Consultation with Our Experienced Florida Business Lawyers Today
If someone sues you for workplace discrimination, retaliation, or breach of contract, you must consider your legal options when faced with potential litigation. Gather all necessary documents, including performance reviews, correspondence, and employment records, then reach out to an experienced employment lawyer for legal guidance.
Our Florida law firm has years of experience representing clients in complex employment law matters. As your attorneys, we will fight against wrongful termination claims to clear you of liability and help you reach the most optimal outcome for your case.
Call our Tampa office at 813-669-0122 to schedule a free, no-obligation case evaluation with our FL law firm today.
