Popular searches:
layoff laws wrongful dismissal severance pay laws job termination
Talk to a Lawyer
Enter a zip code to speak to a Lawyer that serves your area.
Select the type of Lawyer you need
Florida Wrongful Termination Laws
Wrongful termination laws can be found within federal employment statutes such as the Federal Labor Standards Act of 1938 and the Civil Rights Act of 1964. However, Florida has additional rights provided through state laws that cover many areas of employee protection. Florida is also an “at will” state, which means that both employees and employers may terminate employment for any reason except those specifically outlined in federal and state laws. Employees may file claims for wrongful termination with the local office of the EEOC, and if that fails to bring relief, pursue a lawsuit in civil court.
Florida’s Specific Labor Laws
Florida state laws which supplement the federal employment guidelines include the following:
|
Benefit |
State Law |
Additional Benefits |
|
Right to Work |
Yes |
|
|
State Minimum Wage |
$6.67 |
Maximum tip credit $3.02; minimum wage for tipped employees $3.65 |
|
State Military Leave |
Yes |
No penalties when called into active duty; employees terminated while on active duty who do not have COBRA are entitled to 18 months of benefits when active service or job ends |
|
Jury Duty |
Yes |
Unpaid leave; dismissal threats illegal |
|
Voting |
No |
|
|
Garnishment |
Yes |
Child or spousal support; employer may not refuse to hire, discipline, or terminate for garnishment; $5 fee for 1st withholding, $2 for additional amounts |
|
State Family & Medical Leave |
No |
|
|
Arrest & Conviction Records |
Yes |
No employee may be disqualified for employment unless prior conviction is a felony/misdemeanor directly related to the disputed position. |
|
Discrimination |
Yes |
15 or more employees; age; national origin, disability (handicap), AIDS/HIV; gender, marital status; race; religion; sickle cell trait |
|
Whistleblower |
Yes |
For both public and private employees of companies with 10 employees or more; employee must submit reports in writing and give employer appropriate time to correct |
|
Plant Closings |
Yes |
For job loss due to industry changes; counseling, training, and placement services through Workforce Florida for those in telecommunications and defense industries; priority in state employment agencies for those formerly in the saltwater fishing industry |
*These laws change often, so consult state statutes for the most up-to-date information.
Florida Discrimination Laws
Florida puts great emphasis on protecting the civil and employment rights of employees in the state. Federal laws protect the basic rights of race, color, religion, sex or national origin. State agencies are responsible to pursue claims for wrongful termination initially under these guidelines:
- Enforcement, administration, and investigation by the state takes precedence over private suits
- Employees are permitted to file private lawsuits only after pursuing a claim through the appropriate government agency
- Employees are permitted to recover attorney’s fees from a defendant
- Statutes of limitations are 365 days.
Filing a Claim for Wrongful Termination
The Equal Employment Opportunity Commission is the agency primarily responsible for enforcing federal and state claims for wrongful termination using these processes:
- Investigation
- Mediation/Conciliation
- When appropriate, file a lawsuit
If the agency deems the claim to be invalid, is unwilling or unable to pursue it further, or has discontinued its pursuit of the case for a sufficient period of time, an employee is able to pursue private legal remedies.
Legal Remedies for Wrongful Termination
Employees may expect any or all of the following remedies when pursuing a case for wrongful termination either through a state EEOC agency or with the help of their own employee rights attorney:
- Reinstatement
- Back pay
- Compensation for stress and suffering
- Punitive damages to prevent further abuses by the employer
- Mandated policy changes to protect other employees in that company
Florida employers who fail to abide by federal or state employment standards for hiring and firing may face the following penalties:
- Jury duty – criminal contempt of court; may also be liable to employee for lost wages, punitive damages, and attorney’s fees.
- Garnishment – contempt of court for violation; fines of up to $250 for first offense, and $500 for additional offenses.
- Whistleblower – state agency employees can bring suit within 180 days of when state agency terminates investigation.
Local public employees must file a complaint within 60 days of violation or, if there is no agency action, 180 days to file a civil suit; if an agency complaint is terminated, they have 180 days to file a civil action, which can produce injunctive relief for the violation and/or damages. Private employees must pursue all contractual and administrative options; if they bring no relief, they have 180 days after the violation to file a civil action.
Discrimination is illegal, and employers who break the federal and Florida laws against discrimination in the workplace can face penalties, either through the EEOC claims process, or at the hands of an employee and their employee rights attorney pursuing their rights in civil court.
Local Resources
Florida EEOC Offices
Miami District Office
One Biscayne Tower
2 S. Biscayne Boulevard
Suite 2700
Miami, FL 33131
305-536-4491 or
800-669-4000
TTY: 305-536-5721 or
800-669-6820
FAX: 305-808-1855
Tampa Area Office
501 E. Polk Street SW
Suite 1000
Tampa, FL 33602
813-228-2310 or
800-669-4000
TTY: 813-228-2003 or
800-669-6820
FAX: 813-228-2841
Commission on Human Relations
Tallahassee, FL
850-488-7082
http://fchr.state.fl.us