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What are the steps an employer in Florida should take to terminate an employee?

Picture of Chris Battis By   ·  1 minute read

To terminate an employee in Florida, an employer should follow these steps:

  1. Review the employment agreement: Employers should first review the employee's employment agreement, if any, to ensure that they comply with any termination provisions included in the agreement.
  2. Determine the reason for termination: Employers must determine the reason for the termination. If the termination is based on discriminatory motives, such as race, sex, religion, national origin, age, or disability, it will be unlawful. Employers may terminate employees based on legitimate business reasons, such as poor job performance, misconduct, or economic reasons.
  3. Give advance notice: Florida law does not require employers to give advance notice to employees before termination. However, employers may choose to give employees advance notice as a courtesy, particularly in situations where multiple employees are being terminated due to layoffs or downsizing.
  4. Provide final paycheck: Employers must provide the terminated employee with their final paycheck, including any unpaid wages, accrued vacation time, and other accrued benefits by the next regularly scheduled payday. Florida law also permits employers to withhold certain amounts from the final paycheck, such as amounts owed for loans or damages the employee caused.
  5. Obtain company property: Employers should have the terminated employee return any company property or equipment they may have in their possession, such as laptops, cell phones, keys, badges or any other equipment that belongs to the company.
  6. Document everything: As with any employment termination, employers should keep detailed records of the termination, including the reason for the termination, any performance evaluations, and any warnings given to the employee prior to termination. This documentation can help employers defend against potential wrongful termination lawsuits.

In some cases, employers may wish to have an attorney review the termination process and provide guidance to ensure they are in compliance with state and federal laws.