Can You Be Fired Without Being Told Why?

No one wants to hear, “You’re fired.” Those words can instantly change your financial outlook. If you are like most people, you probably rely on a regular paycheck to pay your bills and enjoy life. You may have savings, but those savings can disappear in a relatively short time if you are not earning an income.

Often, the first thing someone will ask after being fired is why they were fired. Sometimes, an employer may not give you a reason. Is termination without cause legal in Florida, though? Take a closer look at employment termination laws and how they affect workers in Florida.

Understanding Employment-At-Will in Florida

Can you be fired without being told why in the Sunshine State? The simple answer is that you can. Florida is an at-will employment state, which means that both employer and employee are in an employment relationship only as long as both parties wish it to be true.

At-will employment in Florida offers both benefits and disadvantages to employees. The benefit is that employees can quit anytime and cannot be penalized for quitting or forced to perform more work. While most people do not recognize this as a benefit, it is important to note that this principle prevents any form of forced labor.

However, the detriment of at-will employment is that your employer can fire you for almost any reason at any time. They are also not required to provide a reason when they fire you. Still, most employers will provide a reason, if only to protect themselves from legal action.

There is one main exception to the at-will doctrine. If you have an employment contract with your employer, this overrides the at-will doctrine. Many employment contracts, especially in unionized workplaces, restrict the reasons that your employer can fire you. Typically, the causes are spelled out explicitly, and you may have the right to contest your firing via an internal process.

Legal Grounds for Termination

Almost any reason is a legal reason for termination in Florida, which means it is easier to evaluate the exceptions than legitimate reasons. 

Due to federal and state laws, there are some exceptions to the at-will doctrine. An employer who fires you for the following reasons may be guilty of wrongful termination in Florida.

Discriminatory Firing

Your employer cannot fire you simply for belonging to one of several protected classes. These protected classes cover:

• Race and color
• Religious beliefs
• Gender or gender identity
• Sexual orientation
• Marital status
• Pregnancy
• National origin
• Disability
• Genetic information
• HIV or AIDS status
• Age

However, your employer could fire you for other discriminatory reasons as long as those reasons are not protected. For example, you could be fired for your political affiliation or favorite professional sports team. While firing an employee for those reasons would be discriminatory, that does not mean it is wrongful termination under state law.

Retaliatory Firing

Federal and state laws also prevent employers from firing employees in retaliation for specific protected activities. These activities include:

• Reporting illegal activities by an employer
• Cooperating with an investigation into those illegal activities
• Claiming workers’ compensation
• Reporting government mismanagement for public employees
• Filing a complaint about an employer regarding discrimination or harassment
• Cooperating with an investigation into complaints
• Reporting dangerous conditions at work
• Participating in a union or the formation of a union
• Taking legally permitted leave via the Family and Medical Leave Act
• Requesting accommodations for a disability or religious practice
• Reporting unfair labor practices

In a questionable situation, a judge can determine whether you were fired for retaliation. A judge’s decision might stretch what falls into these categories. As a rule, any type of retaliation for legal behavior is likely to be considered illegal.

Firing in Violation of an Employment Contract

If you have an employment contract, your rights are typically increased. You cannot sign away your employee rights in Florida in an employment contract. However, you can receive additional protection from it.

Many employment contracts limit the reasons for firing. For example, your contract may require multiple warnings before you can be fired or give you the right to contest dismissal through a human resources process. Employers are typically unlikely to violate an employment contract because they usually write it and know what is included.

Employee Rights Under Florida Law

Unfortunately, employees generally have limited recourse when they are terminated without cause. Since firing an employee without a reason is not illegal in Florida, you may not be able to contest your termination.

Your key right after getting fired without being given a reason is the right to file for unemployment. If your employer did not provide a reason for firing you, you should be eligible to obtain unemployment. To protect this right, you should request a reason for your firing in writing and keep a record of the fact that your employer did not provide a reason.

If you received medical insurance through your employer, you also have the right to maintain that insurance for up to 18 months through the Consolidated Omnibus Budget Reconciliation Act (COBRA) program. However, there is a limited time to sign up, and if you miss the window, your insurance will lapse.

You also have protections against illegal firing. If you have any reason to believe you were fired illegally, you may have the right to take action against your employer. Typically, this means you will either report the termination to the Equal Employment Opportunity Commission (EEOC) or file a lawsuit against your employer. 

Before making either decision, consulting with an employment law attorney is essential.

Steps to Take if You Were Fired Without Explanation

If you are fired without explanation, you should first contact human resources to see if they will provide a written explanation. If your company does not have an HR department, consider speaking to a superior of whoever fired you when possible.

Document every step you take while seeking an explanation. Additionally, document anything that may indicate that the firing was for a reason excluded by law. It is important to do this quickly because you will probably lose access to documents like the employee handbook or your personnel file within the day.

Before taking any additional steps, make sure to consult with an employment law attorney in Florida. They can help you determine whether you were subject to unfair dismissal in Florida and what options may be available.

No matter what happens, avoid escalating the situation with your employer. Do not threaten to sue or report them. Similarly, do not make a scene when you are fired. Just collect your belongings and documentation and leave quietly. Escalating can only harm your potential case.

When to Consult a Florida Employment Law Attorney

If you have any reason to suspect that you were fired for a prohibited reason, you should consult with a Florida employment law lawyer immediately. But you may not always know whether you were fired for a prohibited reason.

That is why we offer free consultations at Wenzel Fenton Cabassa, P.A. We understand that most clients do not have definitive proof that they were fired illegally, but it does not mean that you do not have a case. Our attorneys will discuss your situation and determine whether you were likely fired for an unfair or illegal reason.

As a rule of thumb, if your employer refuses to provide you with a reason for your firing, it could be a sign that the reason for firing you is questionable. Make sure to talk to a lawyer as soon as possible because your employer is likely speaking to their own lawyer as well. If given enough time, your employer might make up a legitimate reason.

How Wenzel Fenton Cabassa, P.A. Can Help

At Wenzel Fenton Cabassa, P.A., we offer a range of services that can be helpful for individuals who were fired without cause, whether the firing was legal or not. If you were fired recently, you may be able to take advantage of our services in the following practice areas:

• Retaliation
• Sexual harassment
• Discrimination
• EEOC claims
• Wrongful termination
• Contract law
• COBRA
• Severance negotiation

We have an exceptional track record of effectively supporting Florida employees who have faced wrongful termination. Our attorneys have obtained several five- and six-digit settlements and even obtained $1 million for a whistleblower who was wrongfully terminated.

Frequently Asked Questions

Can an Employer Fire You Without Reason in Florida?

Yes, but it is uncommon. When an employer refuses to provide a reason, it often means that the only reason they have is prohibited by law.

What Are My Rights if I Am Fired Without Cause?

Regardless of why you were fired, you can apply for unemployment and sign up for COBRA if your employer previously provided you with health insurance. You also have the right to pursue legal action if you believe that you were fired for a non-legal reason.

How Do I Know If My Termination Was Legal?

Determining whether you were fired legally is complicated. Your employer will never willingly tell you that you were terminated illegally. 

The best way to determine whether you were fired illegally is to consult with Wenzel Fenton Cabassa, P.A., and let our experienced lawyers investigate your claim. We can uncover instances of illegal termination and gather evidence to support your claim.

What Should I Do if I Was Fired Without Being Told Why?

If you are not given a reason for your firing, you should contact HR or the superior of whoever fired you to try to obtain a reason, preferably in writing. Act quickly, and document your attempts to get this information. Make sure to contact our law firm immediately for a free consultation as well.

Can I Sue My Employer for Wrongful Termination?

Yes. A lawsuit is one of the few ways to get fairly compensated after a wrongful termination.

What Legal Steps Should I Take if I Was Unfairly Dismissed?

You should contact our law firm immediately. Typically, you will either need to file a lawsuit or a claim with the EEOC. We can help you understand these options and guide you through them as efficiently as possible.

Protect Yourself if You Are Fired Without a Reason

You can legally be fired in Florida without a reason. But just because you have not been given a reason does not mean you should not try to determine the reason. Employers generally cannot discriminate against protected classes, break contracts, or retaliate. 

If you think your employer violated one of these regulations and is attempting to hide that fact by not providing a reason, you should contact an experienced employment attorney immediately.

Schedule a Free, Confidential Consultation Today

If you were fired without a reason in Florida, time is of the essence. Contact Wenzel Fenton Cabassa, P.A. immediately to schedule a free, confidential consultation with experienced attorneys committed to protecting your future.

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