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Wrongful Termination

Wrongful termination occurs when an employee is fired from their job for an illegal reason. After employees have been wrongfully terminated, they may decide to file claims against their employers and will have to prove:

they engaged in activities protected by statutes such as filing discrimination complaints with their employers
they were subjected to negative action after engaging in protected activities
the negative actions were related to their engaging in protected activities
they suffered damages as a result of the negative action

Wrongful Termination Claims

Like many employment laws and statues, the rules surrounding wrongful termination can be found in the Federal Labor Standards Act and the Civil Rights Act of 1964. However, in the state of Florida, there are separate state laws that offer employees additional protections.

One such protection is the state allowing employees to file claims against employers when they have reason to believe they were wrongfully terminated. If employees are successful with their wrongful termination claims they can seek compensation for:

Lost wages and back pay
Pain and suffering
Mental anguish
In a successful wrongful termination case a judge may also rule that the employer has to pay the employee “punitive damages”. This is a type of compensation that is meant to punish and prevent the employer from engaging in illegal employment activities in the future. In addition to punitive damages, a judge may order that the employer change its policies to offer additional protections to existent employees.

The one thing employees in Florida must remember before moving forward with a wrongful termination claim is that Florida is an “at will” state. This means that employees and employers have the right to terminate employment for any reason, other than for the reasons specifically detailed in federal and state laws. For example, an employer cannot fire an employee for filing a sexual harassment claim or for seeking workers’ compensation because such action is classified as “retaliation” which is illegal.

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Orlando, Florida 32801

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Tampa, Florida 33602

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Fort Lauderdale, Florida 33316

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Fort Myers, Florida 33907

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West Palm Beach, Florida 33401

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St. Petersburg, Florida 33716

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Lakeland, Florida 33803

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Melbourne, Florida 32940

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DeLand, Florida 32720

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Naples, Florida 34109

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Miramar, Florida 33027

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Suite 2566

Jacksonville, Florida 32202

(904) 224-1522

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