What Constitutes Wrongful Termination?
The legal definition of wrongful termination is the illegal firing of an employee. While there are technically no employment laws that directly address "termination," the law does offer some important protections about how an employee can be fired from a company.
An employer cannot fire an employee in retaliation for filing with a federal agency about:
- Discrimination based on your age
- Discrimination based on your disability –
- Discrimination based on your race or color –
- Discrimination based on your gender
- Discrimination based on your religion –
- Discrimination based on your national origin
An employee cannot be fired based on any of the above. All firing must be for legitimate reasons. If an employee is fired, it must be for a good reason and not for discriminatory purposes.
Discriminatory reasons can be anything from how you look to your ethnicity to your religion to your hair color. If the termination was in retaliation for speaking out against harassment or discrimination, then it may be considered wrongful termination .
Examples of employment contracts include:
- Written contracts
- Employee handbooks
- Labor contracts or CBAs
- Oral contracts
It is illegal for an employer to fire an employee for any reason that violates:
- Public policy –
- For an employee who reports a violation by the employer –
- For complaining about issues of health and safety –
- For taking family or medical leave –
- For taking time off for jury duty –
- For refusing to perform illegal acts –
- For voting –
- For reporting a workplace injury –
Florida is an employment "at will" state, which means that there are laws protecting employees on how they can be legally terminated from a job. The employee must have substantial evidence that would show that there was an unlawful termination:
An example could be if an employee is covered under the Family and Medical Leave Act (FMLA) and the employer fires the employee after they have taken time off to care for a sick family member. If an employee is protected under state or federal law by appealing to the Equal Employment Opportunity Commission, and the employee complains about harassment or discrimination, firing that employee after they report it can be considered unlawful and considered wrongful termination.
An Overview of Employment Law in Florida
Florida’s employment law basics are contained in a couple of places, the Florida Statutes and the common law. The Florida Statutes, rather than the common law, govern the employer-employee relationship. This is partly clear from the title of the Florida Statutes, which are titled The Florida Civil Practice and Remedies Code, Chapter 448, Employee Protection. The chapter describes a number of employee protections, including wage and hour rights, and collective bargaining. Some of the Civil Practice topics within Chapter 448 are relevant to wrongful termination, such as laws prohibiting discrimination, laws prohibiting harassment and laws prohibiting exercise of FMLA/CFRA rights, among others.
Common law protections include the employment-at-will doctrine, which provides that an employer may terminate an employee at any time and for any reason (except an unlawful reason) or no reason at all. While this doctrine is straightforward, it has a couple of exceptions that are relevant to wrongful termination. First, where an employment contract contains a specific duration or conditions under which the contract terminates, the contract controls. A second exception is known as the Whistleblower’s Exception. This exception provides that an employer may not discriminate or retaliate against an employee for engaging in a protected activity under the Florida Whistleblower’s Act. For instance, an employee who reports or refuses to participate in an illegal activity may proceed with a whistleblower claim if his or her employment is terminated.
Here is a brief overview of some of the relevant Florida Statutes: Chapter 760.10, Fla. Stat. (Florida’s Civil Rights Act / The Florida Whistleblower’s Act) – prohibits discrimination in employment and retaliation based on that discrimination. Chapter 112.3187, Fla. Stat. ((Florida Whistleblower’s Act) – prohibits both public and private employers from threatening, coercing, or discriminating against employees for making certain types of complaints related to violations of the law. Chapter 448.101-.105, Fla. Stat. – (Public Sector Whistleblower Protection Act) protects both public and private employees from retaliatory actions by the employer for protesting management practices that are unlawful. Fair Labor Standards Act (FLSA) – provides the right of employees to be compensated at one and a half times their regular rate of pay when they work in excess of 40 hours during a workweek. Age Discrimination in Employment Act (ADEA) – provides the right of persons 40 years or older to be free from workplace age discrimination.
Causes of Wrongful Termination in Florida
Although Florida is an "employment-at-will" State, employees have a few explicit options for wrongful termination in Florida. The relevant laws are discussed below.
Discrimination
Federal and state statutes prohibit discrimination on the basis of race, color, sex, religion, national origin, age, disability and certain other characteristics. These statutes include Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act (ADEA), both of which prohibit employment discrimination based on sex, race and religion and prohibit retaliation against employees complaining about such discrimination.
Retaliation for Whistleblowing
Employees who report the unlawful conduct of their employer, or refuse to take part in such conduct, are protected from retaliatory discharge by the Whistleblower Protection Act.
Other Actions for Retaliatory Discharge
In addition to discrimination and whistleblower retaliation acts, the Florida Supreme Court has recognized actions for retaliatory discharge when the discharge is based upon the employee’s exercise of legal rights or his performance of certain specified public duties.
Breach of Contract Claims
If there is an express contract of employment the termination of the employee’s contract without good cause may be actionable.
Violations of Public Policy
Florida courts have recognized actions for wrongful discharge in those cases where the discharge was contrary to a clear mandate of public policy. Actions have been recognized for discharge based on: the employee refusing to commit an illegal act, the employee exercising a statutorily or constitutionally protected right, the employee having testified in court on a topic he was duty bound to tell if called, and the employee performing a public duty.
Filing a Lawsuit for a Wrongful Termination
If you believe that you have been wrongfully terminated by your Florida employer, the first step to take is to document everything. Starting from the moment that you realize that your termination is wrongful, keep a record of anything and everything that relates to your firing. Since this is a legal issue, you should retain copies of everything in case you need to use it in litigation.
After you have gathered your documentation, you must file a claim with the right agency. Generally, wrongful termination claims can be filed with the Equal Employment Opportunity Commission (EEOC), Civil Rights Division of the Florida Human Relations Commission (FCHR) or the Department of Fair Employment Practices. Which one of these entities you need to file your claim with will depend on the specific discrimination case and how long after being terminated you realize that your firing was wrongful. If applicable, the EEOC and the FCHR may assist you in cross filing your claims.
It is very important that your claim is filed in a timely manner. Almost all discrimination and harassment claims that are filed with the EEOC must be filed in writing within 180 days of the date of your termination (some claims extend to six months). Those that are filed with the FCHR must be filed within one year of your firing. On the other hand, claims with Fair Employment Practices Agencies often have a 300-day statute of limitations, so make sure to adhere to the timelines that apply to your wrongful termination case.
The next step to take in most cases is to file an internal appeal under your company’s internal complaint or whistleblowing procedures. You will have to check if and how to do this with your employer before proceeding. The EEOC and FCHR will often require that you do this before progressing to the next step.
Next, you will have to prepare for an interview and/or an investigation. Whether or not you get interviewed depends on whether the EEOC or FCHR believes that there is enough evidence to make a potential case. If the investigative body believes enough merit exists, they may then issue a "right to sue" letter. It is very important that you do not skip over this step, as it is crucial for continuing to file your claim with the EEOC/FCHR, a lawsuit in State court and/or a lawsuit in Federal court.
Finally, you will need to wait to see whether the investigative body decides to proceed with filing a lawsuit. If not, your remaining option is to then immediately file a lawsuit. At the end of this process, you and your attorney will work together to draft a notice of right to sue. After this point, you are free to initiate a private lawsuit in court. These lawsuits can be filed in either federal or state court, although most should be brought in the federal court system.
Sources of Legal Remedy for Wrongful Termination
Upon finding that an employee was wrongfully discharged, a Florida court has several options. For example, it might award the employee back pay, compensatory damages or even punitive damages. Some remedies are only available for specific claims, while others have more broad application. The situation also means that an employee may have multiple remedies available to him or her for a wrongful discharge.
Money. The most common remedy in wrongful termination cases is the award of damages. If a Florida court determines wrongful termination has occurred, it may award the employee a variety of damages, including:
Reinstatement. While reinstatement to a previous position following a wrongful termination is technically possible , it is rare. Most employees and employers are unable to work together again after a discharge.
Equitable Relief. In some instances, a court may issue an "equitable remedy," which is essentially an order demanding an employer to take further action. This type of remedy is typically only used when money or reinstatement alone would not fully address the wrong. Other remedies may include requiring the employer to undergo training or education.
Punitive Damages. In rare instances, a court may award punitive damages to a successful plaintiff in a wrongful termination case. A Florida court may consider this if the actions of the employer were especially reckless or willful.
Get Legal Advice
Just as you would seek medical attention for an injury, it is important to speak with a legal professional regarding a possible claim. Seeking legal advice early can make all the difference. A Florida wrongful termination claim time limit will begin once the employer terminated the employee’s relationship. A specialized Florida attorney knowledgeable about employment laws, wrongful termination and other legal issues can advise accordingly on relevant time frames and timelines.
According to the EEOC (United States Equal Employment Opportunity Commission), over 73,000 charges were filed with it in 2018. A Florida employment lawyer can guide you through the process of filing a notice and even represent you, if necessary, with the agency or in court should a settlement fail.
Recent Florida Case Examples
In September 2019, the Eleventh Circuit Court of Appeals ruled on a case that involved a security guard who filed a lawsuit against his employer alleging wrongful termination on the grounds that he was the victim of unlawful discrimination. The employee, who worked at a site owned by the University of South Alabama, claimed he was terminated for exercising his rights under the Family and Medical Leave Act (FMLA). The former employee filed a lawsuit in federal court, claiming he was not only wrongfully terminated but also subjected to retaliation and hostility in the workplace.
In reversing the previous judgment, the federal appeals court focused on the question of whether the executive had been in fact terminated , given that he might have resigned voluntarily. The court’s decision relied heavily on a series of emails in which the plaintiff requested to change his schedule due to back pain and was subsequently told that other employees would take over his shifts. Although the employer argued that the plaintiff had in fact resigned when he didn’t show up for work after that, the suit ultimately went to trial, where the jury sided with the defensive.
In May 2019, the Florida Supreme Court ruled in a case regarding an employee who claimed he was wrongfully terminated from his position after being replaced by a woman. The employee, a former operations chief at Bowline Ocean Services, filed a wrongful discharge suit under Section 760.10 for refusing to assist his employer’s plans to conduct an illegal drug test on one of its employee. The trial judge ruled in favor of the plaintiff because he was terminated for refusing to engage in an illegal activity.
This is a notable example that shows how the refusal to commit an illegal act can avoid wrongful termination.