In Florida, most employment is considered "at will". This form of employment follows the principle that either the employer or the employee may terminate the relationship at any point, for any reason. Essentially, the only limitation or exception in an "at will" employment is that the termination must not conflict with the law.
Employment that does not fall into the category of "at will" is not subject to the same restrictions. Thus, it is essential that you identify what type of employment arrangement you are involved in. Generally, if your employment arrangement was for a set term, it is not "at will", and the employment can only be terminated according to procedure contained in the contract.
What are the Illegal Grounds for Terminating At Will Employment in Florida?
In a Florida at-will employment, discrimination is the most common unlawful ground for terminating an employee. Termination by an employer cannot be done on the basis of race, nationality, gender, or religion. Employers in Port Orange may also not terminate at-will employees as an act of retaliation if they have filed a legal discrimination claim or initiated an investigation into discrimination.
Also, the Family and Medical leave act prohibits employers from firing employees for having taken leave for family or medical reasons. Lastly, employers are prevented from terminating an employee because they have exercised a legal right, performed a legal obligation, or have refused to do something that is illegal.
Do I Need a Florida Attorney for My Wrongful Termination Case?
Attorneys in Port Orange, Florida may be able to inform you as to whether a wrongful termination has occurred, and can assist you in preparing the required documents for your case. There may also be unique or unfamiliar procedures, and an attorney can guide you through these as well.