Does Morgan & Morgan Handle Wrongful Termination Cases in Florida?

Understanding When a Termination May Be Unlawful

Losing a job can be stressful, but not every termination is unlawful. Employers may generally make employment decisions for many reasons, including performance, restructuring, or business needs.

A termination may raise legal concerns when it is based on unlawful discrimination, retaliation, or another reason prohibited by law. Depending on the circumstances, protected activity may include reporting certain workplace violations, opposing unlawful discrimination, or exercising other legal rights.

Morgan & Morgan can review what happened, evaluate the reason for your termination, and help you understand whether you may have a wrongful termination or related employment claim.

Unfair Termination Is Not Always Wrongful Termination

Florida generally follows an at-will employment system, which means an employer or employee may usually end the employment relationship without providing a specific reason. However, an employer cannot terminate someone for a reason prohibited by law. A termination may raise legal concerns when it involves:

• Discrimination based on a protected characteristic: State and federal laws prohibit certain employment decisions based on characteristics such as race, color, religion, sex, pregnancy, national origin, age, disability, and other legally protected characteristics.
• Retaliation for reporting discrimination or harassment: Employees may be protected when they oppose unlawful discrimination, report harassment, participate in an investigation, or exercise other protected workplace rights.
• Whistleblower retaliation: Florida law protects certain employees who report, provide information about, object to, or refuse to participate in unlawful workplace practices when the applicable legal requirements are met.
• Protected family or medical leave: Eligible employees may have job protections when taking qualifying leave under the Family and Medical Leave Act (FMLA). Employers generally cannot retaliate against employees for exercising protected FMLA rights.
• Wage and hour complaints: Employees may be protected from retaliation for asserting rights involving minimum wage, overtime, or other protections under the Fair Labor Standards Act (FLSA).
• Breach of an employment agreement: A termination may raise contractual issues when an employment contract or other enforceable agreement limits when or how the employment relationship can be ended.

Other laws may also protect employees from termination or retaliation for certain activities, such as serving on a jury, performing qualifying military service, or exercising other legally protected rights.

Whether a firing was unlawful depends on why the employment decision was made, the laws that apply, and the evidence available to show what happened.

What to Do After a Potentially Wrongful Termination

If you believe you were fired for an unlawful reason, preserving relevant information can help document what happened. Keep copies of records you are lawfully entitled to retain, such as:

• Performance reviews and disciplinary notices
• Pay records and employment agreements
• Workplace policies or employee handbooks
• Emails, text messages, or other communications related to the termination
• Records of complaints you made about discrimination, harassment, wages, safety concerns, or other workplace issues
• Notes about important conversations, meetings, or events leading up to the termination

Avoid taking confidential, proprietary, or other company records that you are not authorized to keep.

Some wrongful termination claims also require administrative steps before a lawsuit can be filed. For example, many federal discrimination and retaliation claims require filing a charge with the Equal Employment Opportunity Commission (EEOC) or another appropriate agency before proceeding to court. Different rules may apply to contract claims, whistleblower claims, wage-related retaliation, and other employment disputes.

Because the filing process and legal deadlines depend on the type of claim, an attorney can review the circumstances of your termination and help determine what steps may be required.

How Morgan & Morgan Can Help

During a free case evaluation, Morgan & Morgan can review the circumstances of your termination, the reason your employer provided, and any documents or communications that may help show what happened.

Depending on the type of claim, pursuing a wrongful termination case may involve filing a charge or complaint with the EEOC, the Florida Commission on Human Relations (FCHR), or another appropriate agency. Different filing requirements and legal deadlines may apply depending on the law involved.

Some employment discrimination charges may also be eligible for mediation. EEOC mediation is voluntary and gives the employee and employer an opportunity to try to resolve the dispute before the administrative process continues. An attorney may represent you during mediation and help you evaluate any proposed resolution.

If an administrative filing does not resolve the dispute and further legal action is available, Morgan & Morgan can explain the next steps and help you pursue your claim through negotiation or litigation when appropriate.

The remedies that may be available can depend on the type of violation and the circumstances of the termination. They may include lost wages, reinstatement, other employment-related relief, or additional damages when permitted by law.

If you believe you were fired for an unlawful reason, contact Morgan & Morgan today for a free case evaluation.