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Wrongful Termination

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Wrongful Termination

Losing a job can be a traumatic experience a person can go through. Similarly, it can be a very difficult decision for business owners to have to fire an employee. Given the critical role which employment plays in our lives, some people wonder if they might be able to contest their termination. Some people assume that, if a termination occurred for seemingly no reason, a “wrongful termination” suit may be able to either restore their employment, or at least extract a large compensation package from the former employer. The truth of the matter is, it’s actually a bit more complex than most people realize.

At the Trembly Law Firm, we understand letting employees go can be difficult. This is why we will review your case and work hard to identify the best strategy to move forward.

Florida is an “At Will” Employment State

The State of Florida is an “at will” employment state. This means that without a written employment agreement, Florida’s default position is that a person’s employment may be terminated at any time, and for any reason, or no reason at all, without any consequences to the employer. In other words, employees are presumed to be “at will” workers, and this means that employers don’t have to cite any specific cause behind a given worker’s termination. One way around this situation, of course, is to develop an employment agreement between the employee and employer.

Wrongful Termination Refers to Specific Conditions

Even though Florida is an at will employment state, this does not mean that employers can literally terminate employees for any reason whatsoever. If an employer terminates an employee under certain conditions, then that termination may be classified as wrongful termination. Some of the conditions which may lead to a finding of wrongful termination are:

Discrimination based on a protected status (i.e. race, age, sex, religion, etc.)
Retaliation for reporting discrimination
Retaliation for reporting or objecting to illegal activity
Retaliation for making a claim under worker’s compensation
Retaliation for taking any form of legitimate leave of absence
Retaliation for being paid or owed overtime wages
Retaliation for testifying against your employer in a court case

This is not a complete list and there may be other reasons for which an employer’s termination of an employee may result in a wrongful termination finding. What’s more, even if one of these circumstances may be present, a deeper, case-by-case analysis must be used in order to determine whether wrongful termination actually occurred. Every wrongful termination case is fact sensitive, which means that a qualified lawyer must carefully scrutinize the facts of a given case in order to determine whether a finding of wrongful termination is probable. This is where the lawyers at the Trembly Law Firm can be of great value.

Contact a South Florida Business Law Firm for Assistance

The experienced lawyers at the Trembly Law Firm will meet with you to review your cases. We can then offer the optimal strategy to move forward, and can provide top-of-the-line defense services when necessary. If you think you may be facing a wrongful termination claim in the near future, give us a call today at (305) 431-5678 and one of our professionals will speak with you right away.

Frequently Asked Questions

South Florida Business Attorney Brett Trembly addresses commonly asked business law questions in his Video of the Month series. If you have any questions for us, or if you need immediate legal assistance, please contact us today.

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