What are the Florida laws regarding employee termination?
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As per Florida law, employers have the right to terminate employees at-will, which means they can terminate an employee for any reason or no reason at all, provided that the reason is not discriminatory or in violation of any other applicable law. However, there are laws in place that protect employees from wrongful termination.
Protected Classes
Florida prohibits employers from terminating employees on the basis of their membership in a protected class. Protected classes in Florida include race, color, national origin, religion, sex, pregnancy, age, disability, and genetic information. It is illegal to terminate an employee for any of these reasons.
Public Policy Exceptions
Florida also allows employees to challenge their termination if it violates public policy. Employees can challenge their termination if they were terminated for refusing to violate a law, for reporting a violation of the law, for filing a workers’ compensation claim, or for engaging in any other activity that is protected by state or federal law.
Contractual Agreements
Employment contracts can create limitations on the employer's right to terminate employees. If the employment contract specifies that the employee can only be terminated for cause, then the employer must have a good cause for terminating the employee. Good cause can include poor job performance, dishonesty, misconduct, insubordination, and violation of company policies.
Notice Requirements
Employers are not required to provide notice of termination to employees unless there is an employment contract or collective bargaining agreement that requires it or if the employer has a policy or practice of providing such notice. However, government employers are required to provide notice in certain instances.
Suggested Action
If you believe that you have been wrongfully terminated, it is advisable to speak with an employment law attorney. The attorney can help determine if you have a valid claim and advise you on the appropriate steps to take next. These steps may include filing a complaint with the Equal Employment Opportunity Commission (EEOC) or pursuing a lawsuit.
