• 09/06/2019
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When To File for Wrongful Termination in Florida

Like ten other American states, Florida labor law uses an at-will employment approach. This means that either the employee or the employer can terminate a working relationship for any reason. However, the exception to this rule is that a dismissal must comply with federal and state labor laws, meaning that a termination cannot be rooted in discrimination or retaliation. Hiring a wrongful termination attorney Orlando FL can get you the payout you want, as long as you were fired for one of the following reasons.

Retaliation

Employees cannot be fired for whistleblowing to either the company higher ups or law enforcement if they report illegal activity. Some of these protections can include reporting discrimination, testifying under a subpoena against an employer and refusing to participate in illegal instructions from a boss.

Worker’s Compensation Claim

Under state law, workers injured on the job cannot be fired for filing a worker’s comp claim. Plaintiffs in these cases are usually allowed to sue for lost wages, lost earning capacity and medical expenses.

Race-Based

Firing an employee based upon factors of race, national origin, ethnicity or skin color is illegal under federal law. For example, if qualified employees of a certain race were uniformly treated harsher than employees of different races, there may be enough evidence for a lawsuit.

Sex-Based

Just like race, employers cannot fire employees because of their sex. Additional protections shield employees who have reported sexual discrimination or harassment. Unfortunately, these protections for the LGBTQ community do not yet exist nationally or in Florida.

Pregnancy

While regulations concerning maternity leave allow policies to vary from company to company, the law is clear that an employee cannot be fired simply because they get pregnant. Likewise, bosses cannot fire an employee simply because he or she believes women with children do not make optimal employees.

Other forms of discrimination, such as ageism and prejudice against those with a disability, are also cases for wrongful termination. To find out if your scenario has grounds for a winnable lawsuit, consult an expert in labor law.