Do you think you may have been illegally fired from your job? If so, you should know important information on how to file a wrongful termination suit in Florida.
As dedicated employment lawyers in Florida, Wenzel Fenton Cabassa, P.A., is here to ensure you have the information you need to know about employee rights.
About Filing a Florida Wrongful Termination Lawsuit Against Your Employer
Here are five things you need to know about filing a wrongful termination suit in Florida:
1. Even though Florida is an “at-will” state, workers have certain protections against wrongful termination.
The first thing to understand how to file a wrongful termination suit in Florida is that the status of an “at-will” state is not all-encompassing. Yes, the definition of an “at-will” state means that your employer can fire an employee for any reason or no reason at all. But— if you are in a protected category under federal or state law, or if you engaged in protected activity, your firing could be illegal and that is what you hear referred to as a “wrongful termination.”.
2. There are multiple protected categories that are covered under strong employment laws.
The reach of employment law is extensive. There are many situations that would amount to the illegal firing of an employee. Here are some examples of actions that could qualify as wrongful termination:
- Race discrimination –
Race discrimination in the workplace should never be tolerated. If you feel you have been fired due to your race, the next step could be an Equal Employment Opportunity Commission (EEOC) claim or a claim under state law.
- Sexual harassment in the workplace creating a hostile work environment –
Sexual harassment continues to create a hostile work environment for many workers. Employment lawyers fight aggressively to protect your rights if you have endured sexual harassment and were subsequently fired. Your attorney will examine the details of your case closely and be your legal advisor every step of the way. Know that you have a right to a safe workplace free of sexual harassment.
- Retaliation after filing a workers’ compensation claim –
Employers who retaliate against an employee by firing them after they file a workers’ compensation claim should be held accountable. If you have been injured while on the job and fired for filing a claim (or because you were about to file a valid claim), contact a wrongful termination lawyer today.
Protections are also in place to prohibit other types of discrimination, violations of the Family and Medical Leave Act (FMLA), whistleblower retaliation, as well as violations of wage and hour laws, including overtime pay.
3. Gathering documentation strengthens your case.
An important step in how to file a wrongful termination suit in Florida is gathering documentation. Examples of types of documentation include:
- employment records,
- pay stubs,
- relevant emails,
- employee reviews,
- names of employees who may have witnessed discrimination,
- personal notes on what happened, when, and where, as well as other types of correspondence such as memos,
- text messages,
- and voice mails that would be relevant to your case.
4. You should not delay filing a claim because there are statutes of limitations on wrongful termination lawsuits.
Do not delay consulting with a wrongful termination lawyer, or you could be too late. Worker’s rights laws have a lot of power – but they do not give you a lot of time to start the process. Generally speaking, the statute of limitations for filing a claim of wrongful termination is 180 calendar days from when the retaliation or discrimination took place. However, if you dual file with the EEOC and the Florida Commission on Human Relations (FCHR), you have up to 300 days. Other statutes have even shorter times within which to file (such as OSHA Whistleblower claims- 30 days). Time is of the essence.
5. Working with a wrongful termination lawyer is recommended to get the best outcome.
Due to the complexity of employment law, and in particular wrongful termination lawsuits, it is highly recommended to work with employment lawyers who specialize in worker’s rights. There are multiple resolutions that may occur in a case, and having an expert, experienced attorney makes a huge impact on what happens.
Potential outcomes may include getting your job reinstated, receiving unpaid wages or unpaid overtime, and receiving additional awards of damages from your employer.
The Next Step: Contact a Wrongful Termination Lawyer Today
Having the basic information on how to file a wrongful termination suit in Florida gives you an understanding of what can qualify as a case and what kind of outcomes can occur. The next step is to contact an expert, experienced attorney.
Wenzel Fenton Cabassa, P.A. is passionate about fighting for the rights of Florida workers. We have helped thousands, and people hold their employers accountable for wrongful termination and other violations of national and state employment law.
Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.