FLORIDA WRONGFUL TERMINATION LAWYERS

FLORIDA WRONGFUL TERMINATION

Unlawful or wrongful termination of employees has serious legal consequences. Employees have strong protections against employers who violate the law. Although Florida is an “at-will” state, your age, race, gender, or injury should not result in the loss of your job. If you believe you are a victim of unlawful termination, the Florida wrongful termination lawyers at Wenzel Fenton Cabassa, P.A., are here to help.

WHAT IS CONSIDERED WRONGFUL TERMINATION IN FLORIDA?

Employees have multiple protections under federal and state laws. The actions of employers across a wide range of employment areas may qualify for wrongful termination.

Examples of Wrongful Termination

• Workers’ Compensation Retaliation Claim Filing – According to Florida Statute §440.205, “No employer shall discharge, threaten to discharge, intimidate or coerce any employee by reason of such employee’s valid claim for compensation or attempt to claim compensation under the workers’ compensation law.” What this basically means is that it is illegal for an employer to retaliate against or terminate an employee for filing a workers’ compensation claim.
• Hostile Work Environments – Tolerating Sexual Harassment, Wrongful Termination Lawyers in Florida fight for victims of sexual harassment. Suppose it is proven that the wrongful discharge was caused by a sexually hostile work environment. In that case, you may be eligible to receive compensatory damages, reinstatement to your job with all pay and benefits, and back pay from the date of termination to the settlement or verdict, among other types of damages. Sexual harassment is covered under Title VII of the Civil Rights Act of 1964.
• Age Discrimination – The Age Discrimination in Employment Act (ADEA) protects people 40 years of age and older from age-based discrimination. This includes any stage of the employment process, including hiring, training, promotions, layoffs, and firing. Also, the Older Workers Benefit Protection Act (OWBPA), an amendment to the ADEA, says that an employer typically may not reduce or deny benefits for older employees.
• Race Discrimination – Racism should never be tolerated. Florida Wrongful termination lawyers will perform a thorough investigation of all the facts in the case. We take a creative and aggressive approach to workplace discrimination lawsuits. Together with our experience in the presentation and proof of discriminatory treatment on the job, our methods can make a significant difference in the ultimate result of your claim. For a free case evaluation about your legal options in a workplace race discrimination case, call Wenzel Fenton Cabassa, P.A.
• Wage and Hour Disputes – Were you fighting for missing wages or fair pay, and got fired? The Fair Labor Standards Act (FLSA) covers comprehensive issues surrounding wage and hour disputes. These can include unpaid wages, unpaid commission, unpaid salary, and other forms of wage theft. Have you heard your employer say: “I do not owe you that money” or “You owe me money, so I’m not paying you?” Are you a bartender or server and have been short-changed by your employer? Are you in sales and did not receive your proper commission? All of these are examples of wage disputes. A labor and employment lawyer in Florida may be able to help.
• Unpaid Overtime – If you did not receive your wages from or if you received “straight-pay” for working overtime, you may have a claim for unpaid overtime. Employers will often have excuses such as: “You didn’t work those hours”; “You worked unscheduled hours”; or even, “I didn’t approve overtime.” Our lawyers have a deep appreciation for the complex and difficult nature of unpaid overtime claims, and we seek to begin a constructive dialogue between employers and their employees in seeking a fair resolution.
• Whistleblowing – According to Florida’s Private Whistleblowers’ Act, it is unlawful for employers to terminate employees for uncovering, objecting to, or reporting violations of state or federal law. Some examples of protections offered under the Whistleblower’s Act include participation in an investigation or legal action against their employer, calling a whistleblower hotline, or filing a written complaint with an appropriate agency on their own or as part of an ongoing investigation. Victims of adverse actions, including but not limited to termination, have the right to recover damages for reporting illegal activity or refusing to participate in illegal conduct.
• Family and Medical Leave Act – Florida wrongful termination lawyers fight for many individuals who have been fired while on protected leave from work. The federal Family and Medical Leave Act (FMLA) protects you or a loved one from wrongful discharge. The Family and Medical Leave Act “entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.” FMLA typically covers childbirth and the initial care of a newborn. This included paternity leave for fathers as well. Medical leave can include coverage for a serious health condition that makes the employee unable to perform the essential functions of his or her job.
• Pregnancy Discrimination – In addition to FMLA, the Pregnancy Discrimination Act of 1978 protects pregnant employees from discrimination and unlawful firing due to pregnancy. It prohibits employers from taking these illegal actions “on the basis of pregnancy, childbirth, or related medical conditions.” If an employee becomes disabled during their pregnancy, they may also be covered under the Americans with Disabilities Act (ADA) of 1990. The ADA is one of America’s most comprehensive pieces of civil rights legislation.
• Religious Discrimination – According to the U.S. Equal Employment Opportunity Commission (EEOC), religious discrimination occurs when an applicant or employee is treated unfairly because of their religious beliefs. This protection covers all areas of employment, including pay, promotions, benefits, and more. Discrimination is also prohibited based on the religion of a spouse or close relative. Religious accommodations may include wearing specific attire, such as head coverings, or taking time off for religious holidays. If you believe you’ve experienced religious discrimination in the workplace, it’s important to consult with a wrongful termination lawyer in Florida before filing a charge with the EEOC. They can help you prepare your claim and guide you through the administrative process.

FLORIDA’S EMPLOYMENT “AT-WILL” DOCTRINE

Under Florida’s “employment “at-will” doctrine, an employer can fire an employee for any reason or no reason at all. This is legal as long as the actions taken against the employee are not the product of workplace discrimination or in violation of state, local, and/or federal law. However, unlawful or wrongful termination of employees has serious legal consequences. It takes a legal professional who has deep expertise in wrongful discharge to maneuver the complexities of employment law and the justice system.

Importantly, not all workers fall under the employment-at-will doctrine. Some individuals have contracts guaranteeing job security. In Florida, these contracts are typically written agreements guaranteeing a specific term of employment. An employer may be liable for breach of contract if it violates the terms of a written agreement.

HOW FLORIDA WRONGFUL TERMINATION LAWYERS CAN HELP YOU

Wenzel Fenton Cabassa, P.A., can help you determine the best course of action and defend your rights on the job against powerful corporations, government employers, or rogue companies. We understand that what you are going through affects more than just you. It affects your family too. Wrongful termination in Florida can cause emotional trauma, unnecessary financial stress, and major disruptions to you and your family’s daily needs. It can even have long-lasting effects on your career.

Legal options regarding wrongful termination:

Due to the significant impacts of wrongful termination on an employee and their family, filing a lawsuit may be the best legal option. Employees do have the right to sue their employers for violations of employment law. Each case is different, and it is important to know that more than one legal option may be available to you.

There are several avenues that individuals may seek to pursue, ranging from legal action in court to negotiating a severance package. You may be entitled to lost wages, back wages, and punitive damages, among other types of compensation. The decision will depend on your situation and the details of your case. Wrongful termination lawyers can guide you in making the right decision for you and your family.

YOU’RE NOT ALONE

Unfortunatly, no matter how skilled you are at your job or the recognition you receive, anyone can become a victim of illegal workplace actions. Clients often come to us after being fired, laid off, or downsized based on unlawful or discriminatory reasons. You don’t have to do this alone. We’ve helped thousands of others just like you.

We will evaluate your case and analyze the events that led to the adverse employment action. Our priority is to help you understand your rights as an employee and get the justice you deserve. We look at the timing of the termination, demotion, or reduction in pay after the event. If you have any physical documentation, such as printouts of emails, texts, social media posts, or pictures, or even written evaluations, make sure you keep these and provide them to us.

There is a statute of limitations on wrongful termination claims in Florida, so it is important to fight for your rights before it is too late. In general, an employee only has 180 days from the date of discrimination to file a claim. If there were violations of an individual’s civil rights under federal or state law, an employee has 300 days from the date of discrimination to file a claim. Understand that it is important not to postpone a claim so that documentary evidence can be preserved to ensure the case can be as strong as possible.

TAKE ACTION TODAY! CONTACT A WRONGFUL TERMINATION ATTORNEY TODAY!

If you believe you were wrongfully terminated from your job due to any of the above circumstances, we want to speak with you. From injustices such as sexual harassment, race discrimination, pregnancy discrimination, and much more, Wenzel Fenton Cabassa, P.A., is here to help. When selecting a wrongful termination lawyer in Florida, you want someone who will represent you professionally and fight aggressively for you against the well-funded employer. Take immediate action with an employment law attorney who has industry respect and a proven track record of success.

Schedule a free, confidential case evaluation today. Wenzel Fenton Cabassa, P.A., represents clients throughout the entire state of Florida with offices in Tampa, St. Petersburg, Sarasota, West Palm Beach, Miami, Orlando, and Jacksonville for your convenience.

Rating: 5 out of 5

“Until someone experiences “wrongful termination”, the trauma will is beyond description. I found myself the victim of such in 2015. I contacted multiple law firms in the Tampa area and found Wenzel Fenton and Cabbassa, PA to be the most thorough and experienced team. I had the pleasure of being represented by Attorney Chris Saba. He maintained communication throughout the process, which resulted in a favorable outcome for me. I highly recommend Wenzel, Fenton and Cabassa and Attorney Chris Saba.”

RB

Randy Brummitt

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