Losing your job can be stressful, and if you suspect your employer fired you unfairly, it’s essential to understand how to prove it. Florida follows “at-will” employment laws, meaning that an employer can generally fire an employee for any reason, as long as it’s not illegal. However, there are situations where your termination could be deemed illegal. It is important to understand how to determine if that’s the case.
Understand Florida’s at-will employment law
In Florida, unless you have a written contract or are part of a union, you’re most likely employed at-will. This means your employer can terminate you without cause. However, firing you for discriminatory reasons, retaliation, or in violation of an employment contract would be illegal. If you believe your firing falls into any of these categories, you may have a case.
Look for signs of discrimination or retaliation
If your firing followed a report of workplace harassment, a workplace injury, or your decision to take protected leave under the Family Medical Leave Act (FMLA), your employer’s actions may be considered retaliation. Similarly, if the termination occurred shortly after a complaint about discriminatory behavior based on age, race, gender, or another protected characteristic, it could signal illegal firing practices.
Gather evidence of unlawful firing
Document any relevant communication or actions that led up to your firing. This includes emails, text messages, and written statements. Keep a record of your performance reviews, any warnings or lack thereof, and details surrounding your termination. If there were others who witnessed unfair treatment, their testimony could also support your claim.
File a claim with the appropriate agencies
If you believe your firing was illegal, you can file a claim with the U.S. Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR). These agencies will investigate your claim, and if necessary, help you pursue legal action.
If your employer fired you unlawfully, proving it may take time and effort, but the right steps can help protect your rights in the workplace.