Get Help from a Wrongful Dismissal Lawyer with a Record of Success
If your Florida-based employer fires you unjustly, you may have cause to pursue a claim for wrongful dismissal. An experienced wrongful dismissal lawyer at Feldman Legal Group, can investigate your circumstances and, if you have been wrongfully fired, ensure you receive the compensation you deserve.
With over 20 years of experience, our seasoned team of lawyers has helped secure substantial settlements and jury awards for workers who have been wronged by their employers. If you believe you may have a wrongful dismissal case, please call us today or contact us online for a free consultation.
Our Wrongful Dismissal Attorney Explains What Qualifies as a Wrongful Dismissal
Although “employment at will” laws allow a Florida business owner to fire an employee without a specific cause, there are a number of scenarios that potentially constitute wrongful dismissal.
It is a violation of federal and state laws to fire an employee based on their race, sex, religious beliefs, age (over 40), ethnicity, or national origin. If you have been a victim of sexual harassment that culminates in the related loss of your job, this is could also be a discrimination-based, wrongful action.
It is also illegal discrimination to end a worker’s employment based upon a medical condition, whether an inherited illness or a condition related to pregnancy and childbirth. If the reason you were let go seems to stem from any of these factors, your employer may be breaking employment laws.
Another common form of wrongful dismissal happens when an employer retaliates against an employee who complains about illegal or unethical behavior (or who refuses to participate in unlawful practices).
For example, you might report sexual harassment, discrimination, violations of Occupational Safety and Health Administration regulations, or wage and hour infractions. If, in retaliation, an angry employer lets you go, he or she could be subject to a claim of retaliatory wrongful dismissal.
Also, if you are fired soon after filing a workers’ compensation claim or pursuing appeal of a denied claim, this may be a form of retaliation and may be illegal termination.
Some employees are protected under contract. If you have signed a contract that provides for a specific term of employment, and your untimely removal violates this contract, this may also be wrongful dismissal.
How do I Know if I Have Wrongful Dismissal Case?
Of course, most employers will not admit they are firing a worker for reasons related to discrimination or retaliation. It is typical to see an employer in these cases manufacture one or more excuses, or pretexts, to set up a dismissal.
These tactics might include:
- False accusations
- Unwarranted negative performance reviews
- Spreading rumors
- Withholding important information
- Baiting behaviors
- Performance sabotage.
In some cases, a hostile work environment becomes unbearable, and an employee feels forced to quit his or her job. This too may be a cause of legal action, known as wrongful constructive dismissal.
If you believe you may be the victim of discrimination or retaliation, you are wise to document unlawful behavior whenever possible. Keep notes, gather witnesses, and collect written evidence. Then, if you are fired, speak to a wrongful dismissal attorney who specializes in termination claims as soon as possible.
What Kind of Compensation Can I Expect for an Unfair Dismissal?
The value of your unfair dismissal case will depend on a number of factors. The exact figure, whether through a settlement or courtroom case, is determined after a thorough calculation of your losses and other damages.
For a substantiated case, a wrongful dismissal lawyer can help you collect legal compensation that may include:
Lost Wages and Benefits
Income that you have lost because you were fired can be returned to you, and benefits, such as stock options or health insurance, can also be factored into the final sum. If you were forced to take another, lower paying position, you may be entitled to the difference between the two salaries.
Employees who are owed back pay due to a wage/hours violation are entitled to collect twice the original amount, including bonus penalties.
If you were forced to relocate because of loss of income, or must move to accept a new job, you can be reimbursed for your moving expenses.
An employer who loses a case that goes to trial will often be asked to pay for your attorney fees.
While punitive damages are not common in employment law cases, a judge or jury may decide to award a significant sum when an employer acts in willful violation of the law. If you have suffered severe losses and emotional distress as a result of a wrongful dismissal, your attorney may seek punitive damages on your behalf.
Contact a Wrongful Dismissal Lawyer at Feldman Legal Group
With offices in Tampa, Jacksonville, and Atlanta, the Feldman Legal Group firm handles wrongful dismissal cases for workers throughout Florida and Georgia. We provide representation for all types of employment law cases, including workers’ compensation claims and appeals. Whether negotiating a just settlement or taking your case to trial, our experienced team is ready to fight for you.