Terminating a worker’s employment in Florida creates the potential for a wide array of complex legal issues. Navigating these complexities requires a keen understanding of applicable laws and regulations at both state and federal levels. A thorough understanding of the relevant legal landscape is vital for employees facing unjust dismissal to protect their rights and explore potential legal recourse.
In Florida, most employment is on an at-will basis, which allows employers and employees to terminate employment at their discretion for any permissible reason. Determining what is a permissible reason, however, requires the evaluation of both state and federal labor and anti-discrimination regulations. Wrongful termination in Florida stems from various circumstances, including, for example:
Skilled legal representation is crucial to determine applicability of these grounds in order to protect employee rights and explore potential legal recourse.
To build a strong case for a wrongful termination suit in Florida, gathering comprehensive evidence is crucial. This includes collecting:
Consulting with an attorney experienced in employment law can help determine the most effective evidence to support your case.
Once evidence is gathered and there is a legal basis to assert a claim, a potential next step is to file a complaint with the appropriate government organization. This may be either the Equal Employment Opportunity Commission (E.E.O.C.) or the Florida Commission on Human Relations (F.C.H.R.).
Timing is crucial, as you have 300 days from the date of the alleged violation to file with the E.E.O.C. and 365 days for the F.C.H.R. After filing, an investigation will take place, and if a violation is found, efforts will be made to negotiate a settlement. If unsuccessful, the agency will issue a notice of right to sue, allowing you to proceed with a lawsuit against the employer in court. This legal process involves various stages, from pretrial evaluations to a final court decision that may grant remedies such as job reinstatement, emotional distress damages, lost wages, and more if the case favors the employee.
Losing your job can be a challenging experience, especially if the dismissal is unjust. If you suspect wrongful termination, it is best to consult with an experienced attorney who can assist you in understanding the relevant legal issues and safeguard your rights.