Fired after filing a claim? It may be wrongful termination

Florida follows the principle of “at-will” employment. This legal principle allows employers to terminate an employee’s job for any reason or even without providing a specific reason. However, this freedom is not absolute. Employers must still adhere to various laws and regulations that prohibit certain grounds for termination.

However, what if they fire you after you file an employment-related claim? This may be a form of retaliation, which is illegal under Florida and federal laws.

Filing certain types of claims is a protected activity

As an employee, you have the right to:

• File claims for work injuries without fear. Your employer can’t fire you for seeking workers’ comp benefits.
• Report workplace discrimination or harassment. Your employer can’t punish you for these complaints or for helping with investigations.
• Raise complaints about pay issues like unpaid overtime or wrong deductions. Your employer cannot fire you for raising these concerns or filing wage claims.
• Report unsafe work conditions to your boss or the government. Your employer cannot punish you for raising safety issues or refusing unsafe work.
• Ask for reasonable job changes if you have a disability. Your employer can’t fire you for requesting these changes or for having a disability.

It’s important to note that these protections apply not only to formal legal claims but often to internal company complaints as well. Employees should feel safe reporting issues without fear of punishment or losing their jobs.

What factors might courts consider?

When deciding whether a termination was wrongful, courts might look at several key factors:

• Timing: Was the firing close to when the employee filed a complaint?
• Reason: Is the employer’s reason for firing real or just an excuse?
• Work history: How was the employee’s job performance?
• Fair treatment: Does the employer treat all workers the same?
• Evidence: Is there proof the employer acted unfairly?
• Policies: Did the firing break any job contracts or company rules?

It’s important to note that each case is different, and courts will examine the totality of circumstances surrounding the termination. The burden of proof is typically on the employee, so it’s important to work with an attorney who can help you gather and present evidence to support your case.

Exercising your rights shouldn’t cost you your job

If you believe your employer wrongfully terminated you after you filed a claim, consider seeking legal counsel. An attorney can help you explore your next steps.