The main question employment lawyers receive from prospects is: “Have i got a legitimate situation for wrongful termination.”
Under Florida Law, as well as in most States, workers are hired with an at-will basis. Which means that unless of course there’s a work contract, an worker could be hired or fired unconditionally, as long as it’s not an unlawful reason.
Employees possess a common misconception that the dishonest or wrong reason is definitely an illegal reason. Our Courts and laws and regulations don’t permit a suit to become declared wrongful termination the way it was unfair or simply plain wrong, or perhaps if it’s a obvious mistake. Under Florida Law, a wrongful termination exists if:
1. The termination is really a breach of the written employment contract
2. The termination is because of Discrimination or
3. The termination is within retaliation for that worker participating in protected activity.
Within the situation of the breach of contract, the normal situation may be the one in which the contract requires a particular duration within the employment relationship and termination are only able to occur for “just cause.” What constitutes just cause is really a question of fact which may be based on a jury with the litigation process.
If there’s no contract, a wrongful termination might be legally actionable if protected discrimination occurs. The protected traits are age, gender, race, ethnic background, disability, religion, or genetics. To possess a wrongful termination situation under discrimination, the worker must have the ability to present evidence and prove the motivating reason behind the termination was illegal discrimination.
The 3rd method in which an worker might be unlawfully ended is that if the worker was involved in protected activity and also the termination was motivated due to the employee’s participation within the protected activity. Protected activity constitute something that the worker includes a right to complain or engage the business about. For example, if the worker complains, in good belief, about being discriminated due to among the aforementioned protected traits, then that’s protected activity and also the employer can’t retaliate from the worker for asserting such right. There are many other types of protected activity including Whistle-blower protections, protections for complaining about being compensated precisely, serving for jury duty, taking part in government investigations, and much more kinds of specific activity that the Condition legislature from the Federal Legislation has selected to enforce.