For many of us, our job is more than a paycheck. It is part of our identity. It defines the place we occupy in society. On top of the loss of income, the feeling that our job is a part of our life can make suddenly losing a job incredibly distressing.
If you don’t understand why you’ve lost your job, it’s even worse. If you’ve done something wrong, how can you avoid making the same mistake again? If you’ve done nothing wrong — then why? Is it even fair? Can you be fired without warning or cause in Florida?
Yes. Unfortunately, in many cases you can lose your job in Florida without warning and without explanation. But not always. Employers cannot fire an employee without cause if they have an employment contract or for reasons considered to be discrimination or retaliation. That’s very different. At Cruz Law, we can help you with that.
At-Will Employment in Florida: What It Means for You
Florida is what’s known as an “at-will” employment state. This means you can quit a job or be fired from a job for any reason, as long as it does not run afoul of discrimination laws and certain other legal requirements.
Can you be fired without warning in Florida? Yes, as long as your employer is not breaking a contract or an anti-discrimination or anti-retaliation law.
Can you be fired without being told why? Yes. There’s little you can do to force an explanation out of an employer who has let you go.
Can you be fired without cause? Yes again. In employment law, we speak of “just cause” or whether an employer had a valid reason to terminate an employee. But in an at-will employment state, as long as the dismissal isn’t for an unlawful reason, it’s legal with or without “cause.”
Recruiting, hiring and training employees is costly, so employers typically don’t fire employees without reason. On the other hand, just about any reason will do in an at-will state —
- Poor performance
- Absences or tardiness
- Insubordination or dishonesty
- Employee broke company rules
- To cut costs (i.e., layoffs)
- Because the employer doesn’t like the employee.
Exceptions to At-Will Employment: When Termination May Be Unlawful
At-will employment laws do not supersede federal or state discrimination laws. It is illegal to discriminate against an employee when terminating their employment. Or, more plainly, your employer cannot legally fire you because of your:
- Race
- Color
- National origin
- Disability
- Age
- Gender
- Religion
- Marital status
- Medical condition (such as having HIV or AIDS)
- Sexual orientation.
It is also illegal to fire an employee who:
- Takes time off under the Family and Medical Leave Act (FMLA)
- Takes leave to serve jury duty
- Files a workers’ compensation claim.
And it is illegal to fire an employee as retaliation for certain legally protected acts, including union organizing (collective bargaining); reporting unsafe work conditions, unlawful conduct or discrimination (whistleblowing); cooperating with an investigation; objecting to or refusing to participate in illegal acts; etc.
How are Union Employees Protected?
If you are a union member, you are employed according to a union contract — a collective bargaining agreement (CBA) — that provides protections against termination of employment beyond what Florida law and federal statutes require.
To fire a union member, an employer must have just cause, or evidence of an act by the employee that violates standards for termination as defined in the CBA. The CBA will also likely provide an appeals process that requires the employer to prove the employee’s transgression if the employee chooses to fight being fired.
Termination for Alleged Misconduct
Should your employer have anything to say about what you do on your own time, away from work? Can an employer establish behavioral standards and fire you if you “embarrass” the employer or hurt the company’s reputation?
What if you’ve been charged with a crime, but not yet convicted — and don’t expect to be convicted?
Can you be fired for “stealing” without proof? Unless you have a contract that says otherwise, yes, you can be fired “without proof” — for stealing, drunk driving, drug use, otherwise “screwing up” or generally “acting the fool” at the wrong place and/or wrong time.
Legal Recourse: What to Do If You Were Fired Without Warning or Cause
There are generally four opportunities for legal recourse after you have been fired without cause or warning in an at-will employment state:
- Contract: Employment contracts in Florida — written, spoken, or implied — are at-will employment agreements unless they state otherwise. Any protections beyond anti-discrimination and anti-retaliation laws must be spelled out in a contract. If you belong to a union, you can count on your contract having some level of protection against termination without just cause. If you signed a work contract when you accepted your job, you should review it for any protections it provides. Company employment handbooks or manuals are also binding if they spell out protections against termination, such as an appeals process or requirements for approval by certain company leaders.
- Discrimination: You can file a wrongful termination claim if you have been fired because of a protected characteristic, such as race, color, national origin, religious beliefs, disability, age, sex/gender, sexual orientation, pregnancy, or marital status.
- Harassment: If you have been fired for refusing romantic/sexual advances, demands for sexual favors or other forms of sexual harassment you may pursue a wrongful termination claim.
- Retaliation: You can also pursue a wrongful termination claim if you have been fired in retaliation for becoming a whistleblower.
In a wrongful termination claim, Cruz Law could help you sue your employer for financial losses or other legal relief (such as reinstatement) if you believe your employer terminated you in violation of state or federal law. Moreover, you might have grounds to file a claim with the state or federal government.
Immediate Steps to Take After Employment Termination
To prepare for a potential lawsuit, you should try to gather such documentation as:
- Employment contracts
- Your employee handbook and/or corporate policies
- Copies of any complaints you have filed internally
- Copies of your requests for workers’ compensation or FMLA leave
- Copies of any whistleblower claims you may have filed
- Names of witnesses to discrimination or harassment you suffered
- Copies of email, texts, internal messaging platform posts, social media posts, etc., that show discrimination, harassment, or retaliation
- Your performance reviews
- Recordings or notes of in-person conversations or phone/video calls.
You should also write a letter to your employer to request a formal explanation of your termination from employment. Keep a copy. As you await a response, contact an employment discrimination lawyer.
Talk to Our Florida Wrongful Termination Lawyers Today
Florida employers have a lot of leeway under Florida’s at-will employment laws, but there are limits to their ability to terminate employees without cause. If you were fired or reasons that qualify as discrimination, harassment, retaliation or in violation of a contract, you could be owed substantial compensation. The wrongful termination attorneys with Cruz Law want to help you demand it.
Contact us now to speak with a compassionate and experienced employees’ rights lawyer. Our attorneys can advise you about your legal options in confidence and without charge or further obligation.
