If your company recently terminated your employment and you believe they did so for an illegal reason, such as discrimination or retaliation, you may have grounds to take legal action. The company could be responsible for damages including but not limited to back pay, punitive damages, pain, suffering, and more.
The Tampa wrongful termination case process will hinge strongly on the facts and circumstances that led to the conclusion of your employment. While companies can fire employees for any time and for any reason, or for no reason, there are limits to the at-will employment doctrine. If your employer violated these limits, you may have a viable wrongful termination case and should speak with an attorney as soon as possible.
Potential Grounds to File a Wrongful Termination Case
Multiple potential grounds could entitle a former employee to initiate the wrongful termination case process in Tampa. The at-will doctrine does not apply to situations where an employer terminates an employee in violation of an employment contract or collective bargaining agreement.
While at-will employment allows a company to fire an employee with or without cause, employment contracts and collective bargaining agreements typically require that termination occur on the basis of good cause. When an employer’s actions breach these requirements, the terminated employee may have a basis upon which to file a lawsuit.
At-will laws also do not apply when an employer terminates an employee’s job for an illegal reason. For example, whistleblowing, age discrimination, religious discrimination, pregnancy discrimination, gender discrimination, or race discrimination are all illegal reasons for a company to terminate a worker’s employment.
Other possible grounds for filing a wrongful dismissal lawsuit include retaliation for reporting sexual harassment or other illegal behavior, filing a workers’ compensation claim, filing a wage and hour dispute, or taking medical or family leave. It is also unlawful for a company to demote an employee as a means of retaliation. If someone has been fired or demoted for an illegal reason, they should seek prompt legal help to assess their prospective legal options.
Starting a Wrongful Termination Case
Wrongful termination cases in Tampa can actually involve multiple parties throughout the legal process, depending on the details of the case. These could include the Florida Commission on Human Relations (FCHR), the U.S. Equal Employment Opportunity Commission (EEOC), the Occupational Safety and Health Administration (OSHA), and state or federal courts.
It is important to get in touch with an attorney as soon as possible regarding a potential wrongful dismissal, as different filing deadlines apply to different cases based on the agencies and entities involved. An individual alleging wrongful termination must file with the EEOC within anywhere from 180 to 300 days, while a charge or complaint filed with the FCHR typically has a 12-month filing window.
These are all incredibly short time frames, and claimants may require permission from either the EEOC or FCHR before proceeding with a civil lawsuit for damages. An attorney could explain the filing windows that apply to a specific wrongful termination claim and ensure these are stringently observed.
A lawyer could also collect all forms of evidence to support a wrongful termination claim and lawsuit for damages. Important evidence could include employment records, emails, text messages, notes, documentation, witness statements, photos, and video.
Get Help With the Wrongful Termination Case Process From an Experienced Attorney
Just the thought of going up against a former employer may be a frightening experience. If you have been the victim of wrongful dismissal, you need a zealous legal team that is willing to fight tirelessly on your behalf both in and out of the courtroom to secure the best possible outcome for your case.
Employers that engage in illegal practices often think they can get away with it, knowing that workers will be intimidated by the team of lawyers these companies often have at their disposal. Mitchell Feldman and the litigation team at Feldman Legal Group regularly stand up against companies, corporations, and other entities in wrongful termination actions. We know what it takes to win and to secure the maximum monetary recovery for clients.
We can evaluate your situation if you think you may have a wrongful termination case and advise what legal recourse may be open to you. Give our office a call today to schedule your confidential attorney consultation about the Tampa wrongful termination case process.
