If you do not have an active employment contract in Florida, you are working at the will of your employer, who can dismiss you at any time, even without giving you a reason. Employers who disclose why are on safe ground if those reasons entail job qualifications—for example, if you age out of your job as a child model, cutbacks to salvage the company, or your job is being phased out and there is a hiring freeze.
But sometimes employers dismiss employees under the guise of their at-will rights when the reasons are nefarious. Suppose your job performance has been adequate and you have been terminated, but believe it may have been for prohibited reasons. In that case, a Tampa at-will wrongful termination lawyer from Feldman Legal Group can help. Our experienced wrongful termination attorney will assess your situation and discuss how to proceed to get you justice.
You Have Recourse When You Are Wrongfully Terminated
Just because Florida is an at-will state does not mean employees can be terminated for illegal reasons under federal and state law. Wrongful termination occurs in at-will settings, and employees have recourse by reporting violations to the Equal Employment Opportunity Commission (EEOC) or filing lawsuits against employers. While many employment attorneys suggest that wronged employees should let them work with the EEOC, Mitchell Feldman and his team are not afraid to take a case to trial, seeking the most compensation available under the circumstances. Unlawful employer actions in at-will terminations include:
- Termination for political beliefs
- Termination for being called to military duty
- Termination after being summoned for jury duty
- Employers who retaliate after the employee reports harassment, fraud, wage and hour violations
- Termination after a legal leave under the Family and Medical Leave Act or Florida’s Domestic Violence Leave
While these at-will terminations appear to be based on employers who do not want to bother accommodating employees experiencing personal traumas or who are responding to other responsibilities, one of the most egregious forms of wrongful termination involves letting someone go because of who they are. Contact a qualified Tampa at-will wrongful termination attorney at Feldman Legal Group if a termination involves status as a protected class.
Wrongful Termination and Protected Classes
One common ground for a wrongful termination lawsuit instigated by at-will employees is discrimination against them as protected classes. Under Florida Statutes § 760.10(1)(a), employers cannot dismiss employees because of their:
- Sex
- Age
- Race
- Color
- Religion
- Disability
- Marital status
- National origin
- Or if they are pregnant
However, employers can dismiss them if the job in question is dependent on certain qualifications, as per Fla. Stat. § 760.10(8). For instance, nationwide parcel delivery companies retire drivers who reach a certain age because the job demands a great deal of physical exertion that older workers are generally not capable of. Florida laws protect groups likely to be discriminated against at companies with at least 15 employees.
Employment Contracts
Although employment contracts are generally reserved for executives and management, and the terms supersede at-will status, a contractual agreement may have been established between at-will employees and employers if the language in an employment manual or handbook creates this relationship. Employees denied benefits at termination when specified in an employee handbook should contact our seasoned lawyer at Feldman Legal Group to learn their rights and options after an at-will wrongful termination in Tampa.
A Tampa At-Will Wrongful Termination Attorney Rights Wrongs for You
Just because Florida is an at-will employment state does not mean you have no recourse if you are terminated. You may not have been given a reason because your employer does not have to. However, if you suspect retaliation, discrimination, or harassment is behind your dismissal, your employer is breaking the law, and you should be compensated for your ordeal.
Your employment termination circumstances are unique; we can act once we understand them. Your employer may have violated an implied contract or just does not like your politics. Still, if there is an unlawful reason for your dismissal, our Tampa at-will wrongful termination lawyer at Feldman Legal Group will identify it and resolve it for you. Call now to learn more.
