Wrongful Termination

What is wrongful termination?

Wrongful termination refers to the unjust firing of an employee, and violation of federal or state laws, public policy, or contractual agreements. In Florida, employment is “at-will,” enabling employers to terminate employees for various reasons, with some notable exceptions. Both federal and Florida law prohibit retaliatory actions against employees engaged in protected activities, like filing discrimination complaints or reporting unlawful conduct.

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In Florida, which laws and regulations relate to wrongful termination?

While there is no specific statute relating solely to wrongful termination, various state and federal laws provide a foundation for what types of conduct amount to grounds for wrongful termination. For example, Florida Statutes §760.10 of the Florida Civil Rights Act prohibits employment discrimination based on various factors and protects employees from retaliation against discriminatory practices. Violations can be reported to the Florida Commission on Human Relations.

Similarly, Florida Statutes §448.102 bars employers from retaliating against employees reporting illegal employment practices. These state laws align with Title VII of the Civil Rights Act at the federal level, which prohibits employer discrimination.

What are common issues regarding wrongful termination that lead to litigation?

Several prevalent issues leading wrongful termination litigation include:

Breach of Contract: Typically, employers can terminate employees at any time, barring discriminatory actions or contract breaches. Violation of employment terms in a contract can lead to wrongful termination claims.
Discrimination: Employers terminating employees based on protected characteristics like race, gender, religion, or age may face wrongful termination claims if those actions are sufficiently proven to be discriminatory.
Retaliation: Employers retaliating against employees engaging in protected activities (e.g., reporting discrimination or participating in investigations) may also bolster wrongful termination claims.

When a set of facts is appropriate to meet the requirements of wrongful termination, there are many paths a claimant may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path forward to seek appropriate remedies.

To determine whether a unique situation may necessitate litigation, please contact our office to set up your initial consultation.

What steps should an employer take to minimize the risk of litigation over wrongful termination?

To reduce the risk of wrongful termination litigation, employers should consider the following steps:

Clear Employment Contracts: Clearly define employment terms and limitations on termination rights in contracts.
Training on Laws: Train managers and supervisors on employment laws, ensuring awareness and compliance with discrimination and retaliation laws.
Fair Policies: Implement consistent employment policies across the board to prevent discrimination or retaliation claims.
Documentation: Maintain detailed records of employee performance issues and disciplinary actions to support termination decisions and defend against claims.
Exit Interviews: Conduct exit interviews to understand reasons for employee departures and ensure terminations are not discriminatory or retaliatory.

By adopting these measures, employers can reduce the risk of wrongful termination litigation while complying with Florida and federal employment laws.
What evidence does a plaintiff generally need to successfully file a lawsuit regarding wrongful termination, and what are common legal defenses to those claims?
To successfully file a wrongful termination lawsuit in Florida, plaintiffs usually need evidence indicating termination due to reasons violating laws, like discrimination, retaliation, or breach of contract.

Common defenses employers may leverage in wrongful termination claims include:

Employment-at-will: Asserting the right to terminate without cause due to the at-will employment arrangement.
Legitimate Business Reason: Offering valid business justifications for termination.
Failure to Exhaust Remedies: Arguing that the plaintiff didn’t pursue administrative remedies before filing the lawsuit.
Statute of Limitations: Asserting the lawsuit was filed within the applicable time frame.
Lack of Evidence of Discrimination or Retaliation: Demonstrating insufficient evidence to support claims, thus meriting dismissal.

To see what actions or defenses may be available for your unique situation, please contact our office to set up your initial consultation.

Frequently Asked Questions

1. Can I be terminated for any reason in Florida?
Employers in Florida, like most states, can generally terminate employees for any non-discriminatory or non-retaliatory reason. Termination for these prohibited reasons may constitute wrongful termination and lead to a claim.

2. How long do I have to file a lawsuit after a wrongful termination?
The statute of limitations varies. For wrongful termination premised on a breach of contract, it’s generally five years in Florida. Other wrongful termination claims may have shorter limitations, generally between two and four years.

3. What damages can I recover in a successful wrongful termination lawsuit?
Successful claims in a wrongful termination lawsuit may entitle you to recover damages such as lost wages, future lost wages, emotional distress damages, and attorneys’ fees and costs.

Have more questions about a wrongful termination-related situation?

Crucially, this overview of wrongful termination does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain a tireless advocate every step of the way. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to set up a consultation.