Though Florida is an “at-will” state, many people mistakenly believe that employers can fire employees in Florida for any reason, even if that reason is no reason. In reality, workers in Florida still have fundamental rights within their state, meaning if an employer fired an employee based on discrimination, retaliation, or breach of contract, then this would fall under wrongful termination, and the employee would have grounds to sue.
If you or a loved one was wrongfully dismissed from your employment, you can hire a Daytona Beach wrongful termination lawyer from Bogin, Munns & Munns to represent you. We help clients who lost their jobs without notice or justifiable reasons fight for their right to financial recovery. Want to learn more about our legal services? We offer the first consultation for free when you call the number on our website.
What Qualifies as “Wrongful Termination” in Florida?
The following can be considered “wrongful termination” in Florida:
- Discrimination: Any termination based on race, sexual orientation, gender, age, national origin, religion, disability, or another protected class violates anti-discrimination laws in both Florida and the United States. For cases involving layoffs, you can request a list of the ages of other employees who were laid off to ensure age discrimination or some other form of discrimination did not occur.
- Retaliation: If you reported sexual harassment/abuse or discrimination that occurred at your workplace and objected to these acts, the Florida Whistleblower Act written in Florida Statutes § 448.102 prohibits employers from retaliating by firing you.
- Workers’ compensation: If you filed a workers’ compensation claim, it is illegal for an employer to terminate you on this basis.
- Breach of contract: If you reported a breach of contract with your employer (e.g., not being paid wages, objecting to improper classification, not being paid for overtime hours) and your employer terminated you as a result, this also violates employment laws in Florida. However, these terms must be in writing or have some sort of proof, as the state does not recognize implied exceptions.
- Bereavement, illness, pregnancy, or disability: If an event forced you to take time off to grieve a loved one, take care of a sick loved one, or recover from a disability, Floridian workers are still protected by the Family and Medical Leave Act. This federal law ensures that eligible employees have the right to take up to 12 unpaid workweeks to address their personal matters and return to work.
- Court testification against an employer: If the court summoned you to testify against your employer through a subpoena, you are required by law to fulfill this legal action. As such, if an employer fires you to avoid this testification, this is a violation of Florida Statutes § 48.031.
To consult with an experienced wrongful termination lawyer serving Daytona Beach
(855) 780-9986
Damages You May Receive in a Wrongful Termination Case
With a wrongful termination case, you may demand financial compensation for the following types of damages:
- Back wages: This applies to wages you should have collected had the employer complied with wage and hour terms. If your case involves a breach of contract issue, the court may also apply penalties to the offense, which may increase the amount of back wages you receive.
- Lost income: This applies to wages you would have earned had you not been wrongfully terminated. You may also receive awards to cover future loss of income, such as in cases where an employer blacklists the employee from the industry.
- Lower wages: If you are having difficulty finding employment because of your wrongful termination, your employer may be ordered to pay reduced wages. This can also apply if you can’t find employment that pays as well as the job you had, whether because of the wrongful termination or another reason (e.g., disability).
- Attorney’s fees: We may demand compensation for our firm’s fees on your behalf, so your employer remains liable for violating your rights, forcing you to take legal action at your own expense.
- Emotional distress: If your wrongful termination caused you to suffer from depression, anxiety, insomnia, or other forms of significant stress, you may demand compensation for the emotional damage you endured.
You may qualify for other damages not listed here, depending on what your case involves. For example, if you were injured in a work-related accident and terminated before you could receive workers’ compensation, you may demand compensation to cover your medical expenses.
How a Daytona Beach Wrongful Termination Attorney Can Help You
Our legal team can help you build a wrongful termination case by:
- Investigating your case and collecting evidence to support your claims
- Filling out legal paperwork to ensure information remains accurate
- Handling communications to protect your case should other parties reach out to you for statements
- Advocating for your rights in legal meetings, whether to negotiate a settlement deal or present your case in trial
Our legal team will guide you throughout your case and give you counsel whenever you have questions about your case.
You Have a Limited Amount of Time to File a Charge with the EEOC
If you are interested in filing a charge about your wrongful termination with the U.S. Equal Employment Opportunity Commission (EEOC), you generally have 180 days from the date of the discrimination to do so. However, because Florida Statutes § 760.10(1)(a) does prohibit firing an employee based on discrimination (including age discrimination), the EEOC allows an extension on the 180-day filing deadline. For applicable cases, you may have up to 300 days from the date of discrimination to file.
Keep in mind that the 180- to 300-day filing period applies to calendar days, not business days, which means holidays and weekends count. However, if the 180th or 300th day falls on a holiday or weekend, then the deadline will move to the next business day. Knowing this, it is better to file your case as soon as possible so it remains valid.
Certain Factors May Shorten Your Deadline
While filing a charge with the EEOC allows a 180- to 300-day window period, certain factors may alter your case’s deadline if you are filing elsewhere. For example, the Florida Commission on Human Relations (FCHR) notes that if you want to file an inquiry about your employer wrongfully terminating you as a form of retaliation for whistleblowing, you have up to 60 days after the prohibited personnel action to do so.
Our legal team will identify the applicable deadline(s) to your case and take appropriate steps to ensure you file on time and remain valid in the legal system.
Daytona Beach Wrongful Termination Lawyer Near Me
(855) 780-9986
Call Bogin, Munns & Munns Today to Schedule a Consultation About Your Case
If you or someone you know was wrongfully terminated in Daytona Beach, Florida, you may have grounds to file a charge with the EEOC and hold your employer accountable for any damages you suffered. The team Bogin, Munns & Munns can review your case to see what legal options are available to you, including whether you qualify to file a lawsuit and pursue compensation.
Call the number on our website now to speak with a member of our team. We can go over what to expect when you hire one of our Daytona beach wrongful termination lawyers, then get started on your case as soon as you agree to work with us. Call now to begin your legal journey in Volusia County.
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