Wrongful discharge (also referred to as wrongful termination) happens when an employee is fired from his or her employer without due cause. In some cases, an employee may be able to file a lawsuit even if they were fired “for due cause.”
These types of cases can be quite complicated, which is why it is important to have a good lawyer by your side. At Wormington & Bollinger, our Florida employment attorneys understand what a difficult situation it is to be fired from your job. If your employer acted unlawfully or wrongfully fired you, contact us to learn about your rights.
What is Wrongful Discharge?
More often than not, employees who are fired do not take any action against their employer. This is because the majority of employees work “at-will”, which means they can quit and be fired at any time. In other cases, an employee may have signed an “at-will” clause, stating they can be terminated for any reason without cause. However, even at-will employees have rights when it comes to wrongful termination.
Some of the reasons for firing an employee that are against the law and may result in a lawsuit include:
As mentioned, there are three main types of anesthesia:
- Discrimination - An employee cannot be fired based on race, color, national origin, religion, sex, disability, age, and genetics
- Retaliation - An employee cannot be let go from their job because they reported illegal behavior like harassment, discrimination, wage violations, or safety concerns
- Violation of public policy - An employee cannot be fired for violating public policy. Common examples of this include exercising a legal right, refusing to commit an illegal act, or reporting fraud
- Breach of contract - Although the majority of employees work at-will, many others are contracted workers. These employees can only be fired for things such as committing fraud or gross misconduct. If they are fired for another reason, they may be able to file a lawsuit
Is Wrongful Discharge Illegal?
The short answer to this is yes.
There are several different acts and laws that have been put in place to protect employees from being fired unlawfully, including the Whistleblower Act. These acts aim to help employees better understand their rights and stand up for themselves in the chance they are fired illegally.
Again, these cases are rather complex, and the laws vary from state to state. Wormington & Bollinger have lawyers licensed in Florida, Texas, Colorado, and New Mexico and are here to help you with a wrongful discharge or termination. To learn more about your employee rights in Florida, please contact our law office today and schedule a free consultation. There are certain circumstances of a firing that may raise red flags and will require the help of an employment lawyer. Our team can review the facts of your case and help you determine if you have been fired illegally, and if so, you have a case against your employer. In some cases, the best route may be to negotiate a severance package or demand a settlement, whereas other cases go to court.