Florida is considered an at-will employment state. What that means, according to a Fort Lauderdale wrongful termination attorney, is that an employee can be fired by their employer for any reason or no reason at all. However, that right is not absolute.
If upon engagement of employment, the employee is offered and signs a contract as a condition of employment, a Fort Lauderdale wrongful termination lawyer can explain that that contract will then determine the parties’ rights and obligations upon termination or other final disposition. In such circumstances, therefore, the employee is not an at-will employee.
Although employers have a wide range of latitude in their decisions, the basis for those decisions may come under the scrutiny of a Fort Lauderdale wrongful termination attorney. Both federal law and Florida state law prohibit termination of an employee if the basis was that employee’s immutable characteristics such as religion, race, national origin, sex and others.
If an employee makes a retaliation claim regarding some illegal or improper activity by their employer and the employer terminates that employee for that reason, action by a Fort Lauderdale wrongful termination attorney may be appropriate.
Florida has established laws for circumstances under which it is illegal for an employer to terminate an employee if they take time off of work. Citing the statutes, a Fort Lauderdale wrongful termination lawyer indicates the reasons as:
The damages a Fort Lauderdale wrongful termination attorney may be able to collect include reinstatement, back pay and benefits, front pay and benefits, injunctive relief, attorney fees and costs and punitive damages where circumstances warrant.
Although Florida is considered employer-friendly when it comes to termination issues, the employee nonetheless has rights. To fully understand and enforce those rights, you need an experienced and knowledgeable advocate. For any questions concerning wrongful termination, call Mark J. Berkowitz, P.A., a Fort Lauderdale wrongful termination attorney, at (954) 527-0570.