Expert Advice When You Need It Most
Posted almost 2 years ago. 11 helpful votes, 0 comments
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There is no General Wrongful Termination Law or Statute in FloridaFlorida does not have a general law or statute prohibiting wrongful termination. Instead, Florida has a collection of various laws that prohibit termination for certain reasons or under certain circumstances. With the exception of breach of contract claims, most wrongful termination claims require proof that the employer has terminated the employee for a reason or motive prohibited by law. 2
Discrimination ClaimsFor example, if the termination is due to the employee’s age, race, sex, religion, national origin, marital status, pregnancy or disability, the termination violates the discrimination laws and would therefore be legally wrongful. 3
Fair Labor Standards ActSimilarly, if the employee is terminated because they complained about not being paid overtime compensation, this would be a violation of the Fair Labor Standards Act and again illegal and wrongful. 4
Florida Whistleblower's ActIf the employee is terminated for complaining about the violation of any law, rule or regulation, this would violate the Florida Whistleblowers Act and would again be illegal and wrongful. 5
Other LawsThere are many other examples of possible wrongful termination that could possibly arise in the state of Florida under either state of federal law. For example, it is illegal to terminate an employee for filing a workers compensation claim, or for serving on a jury, or for engaging in certain military obligations. 6
Consult with an Employment LawyerIf you beleive you may have a wrongful discharge claim, it is important to consult with an experienced employment lawyer promptly. There are very short time limits that can apply to certain claims and there are other legal issues that could be important to address at an early stage. Ultimately, a lawyer can advise you regarding whether your situation may be pursued under the laws permitting legal action for the termination or discharge of an employee. Related Questions1 Attorney answers: 
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