Can You Get Terminated Without A Cause? Florida Employment Termination Law Explained

Because we take great pride in our work, one of the biggest fears in the modern world is losing our jobs. For many, a job is more than just a source of income. It’s also a driver of social connections, a source of self-esteem, and basically the reason to get up in the morning.

So understandably, getting fired can be devastating. The negative emotions are even more compounded in situations where the reasons for the terminations are unclear, or when you have suspicions that you were terminated without a cause.

The question here is, how is this legal? Can employers fire employees on a whim?

Sadly, yes. Florida employment termination law is very complex, and despite many protections put in place to safeguard the rights of employees in the workplace, employees get terminated without a cause every day. Still, this doesn’t mean that there aren’t situations where employees are wrongfully terminated. If you believe this is the case, you may have legal recourse against your former employer.

In today’s post, we’ll go over the Florida employment termination law and clarify in what situations a termination can be considered illegal. 

What is termination without a cause?

Before going over the examples of unlawful termination, you first have to understand the circumstances in which an employer has the right to terminate your employment. 

Most times, employers have a valid reason (legally speaking) for firing people who work for them, including:

• Poor attendance (being late, not showing up for a shift)
• Poor performance
• Criminal behavior such as stealing
• Dishonesty
• Use of alcohol or drugs during working hours
• Discriminatory behavior

These all fall within the Florida employment termination law, yet, according to the same law, you can also be fired for pretty much anything. This may not make sense at first glance, but bear with us.

Florida is referred to as an at-will state, meaning your employer can terminate you for no valid reason without providing you an explanation for your dismissal - much like how you can quit the job whenever you feel like it. 

In other words, a termination without a cause refers to being let go for no apparent reason, at least one that’s not familiar to you. For example, you may have been a hard-working employee who never missed a day, yet your employer can legally fire you because they didn’t particularly care for you. 

Furthermore, the employer is not legally required to provide you with an advanced notice of your termination. 

The only exception to these rules is a scenario where you signed a contract that outlined specific terms of employment, under which termination without cause may have been prohibited. Since federal laws protect employees from termination in circumstances such as these, your employer may be held legally liable for wrongful termination.

This is why you should always have an attorney review your employment contract after you’re terminated.

What is wrongful termination?

In simple terms, an employer is guilty of wrongful termination if they violate federal employment laws that all employers need to adhere to. These laws establish overtime rules, minimum wage, and workers’ comp benefits, but more importantly, they protect employees in the US from all forms of discrimination based on:

• Race
• Religion
• Sex
• Sexual orientation
• Gender identity
• National origin
• Disability
• Pregnancy
• Age
• Family medical history

Furthermore, the same laws prohibit all other forms of retaliation and harassment in the workplace - categories in which dismissal without cause could potentially fall in, depending on the circumstances.

What is retaliation?

Since a business or other organization may have a disproportionate amount of power (compared to the employees), employment laws were established to eliminate unfair practices. 

Reporting infractions and issues related to harassment or discrimination in the workplace is within the rights of the employees. If they do file a complaint regarding any of these issues and get fired, the employer has committed retaliation - which is illegal. 

It’s not uncommon for people to be terminated in retaliation for making an informal or formal complaint about valid issues such as unsafe working conditions. Some other examples of retaliation include:

• 
  Filing a workers’ compensation claim
• Making a complaint about illegal hours or wage practices
• Making a complaint about discrimination or sexual harassment

What is discrimination?

According to Florida employment termination law and federal laws, you have grounds for a lawsuit if the employer wrongfully terminated your employment based on discrimination. Some examples include:

• Female employee is fired after revealing her pregnancy
• Senior worker is laid off and replaced by a younger individual
• Employee is terminated for their absences after they took time off from work to undergo a medical procedure
• Employee is fired for rejecting and reporting a coworker’s sexual advances
• Employee is terminated because of a racially-driven harassment

What is a breach of contract?

As mentioned previously, the terms of the employment relationship are generally laid out in an employment contract, signed when the employee accepts a new job. These contracts contain information on start date, evaluation criteria, working hours, salary, benefits, etc. 

Sometimes, they also outline the length of service.

For example, if you were fired before the date described in the contract, you have the right to file a wrongful termination suit. Keep in mind that this is only applicable to written contracts, without which you can’t prove that the breach of contract occurred. 

Attorneys at RITE are on your side

Were you terminated for no apparent reason but believe there was something more nefarious at play? If any of the circumstances described in this blog post apply to you, you may have the grounds to file a wrongful termination lawsuit against your employer. 

First things first, you need to get in touch with an experienced attorney who can assess the evidence and inform you whether pursuing a claim is worth it.

Don’t know whom to turn to? Reach out to attorneys at the Law Offices of RITE. We have decades of experience handling cases such as these, and we have a deep familiarity with all the employment laws applicable in Florida. 

Our attorneys will also take on your case on a contingency basis, meaning that you won’t pay any upfront fees and we’ll get paid only once you’re paid. 

Call (904) 500-RITE (7483) or send an email to info@rite4justice.com and schedule your free consultation.

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.