Tampa Employment Lawyer
Specializing in Discrmination, Wrongful Termination, Patents, and Mergers & Acquisitions
Employment law can be tricky, as many civil cases involve small nuances in the legal jargon. As a result, the best thing to do if you are facing legal complications as an employee or an employer is to hire an experienced employment lawyer for legal guidance. At Four Rivers Law, we cover a range of employment law matters and we will provide innovative strategies for your unique case. Employment is an important part of your daily life, and it can have significant consequences on you and your family.
Let an experienced employment lawyer help you navigate your legal issue in the workplace. Schedule a free initial consultation online here.
Employee Termination Laws
Florida operates under “at-will” employment, which means either the employer or the employee may terminate employment at any time and for any reason that does not violate the law. In effect, this also means employees can be fired for no reason, and the employer does not need to provide advance notice of termination.
Note that employees and employers may alter the terms of their at-will employment in their contract, such as including provisions that good cause is required for termination, the employer must notify the employee within a certain time period, and other specifications. If the employment contract has such provisions, an employee may sue an employer for wrongful termination on the grounds of breach of contract.
Wrongful Termination – Anti-Discrimination and Whistleblowing
One reason for termination that is against Florida employment law is discrimination. It is against federal and state law to fire an employee based on their:
- skin color;
- gender identity;
- marital status;
- sexual orientation;
- national origin;
It is also illegal to fire or retaliate against an employee who reports an employer’s illegal or unethical acts. The Florida Whistleblower’s Act protects private and public employees from retaliation, and workers may sue for back pay, back and full benefits, and lost wages, among other damages.
Note that the following elements must hold for a private employee to seek protection under Florida’s Whistleblower Act for their situation:
- The worker disclosed or threatened to disclose to an agency under oath and in writing an activity, policy, or practice of their employer that was in violation of a law, rule, or regulation.
- The employer retaliated against the worker because of the disclosure or threat to disclose.
- The worker had given written notice to the employer of its activity, policy, or practice, thereby giving the employer reasonable opportunity to correct the activity, policy, or practice.
Whistleblower cases are very nuanced, however, and it is best to consult an attorney for legal guidance on how your unique situation might proceed.
“Right to Work” in Florida
In response to union and nonunion controversy, Florida has implemented “right to work” laws. The language of the law (Fla. Const. Article 1, § 6) is as follows:
“The right of persons to work shall not be denied or abridged on account of membership or non-membership in any labor union or labor organization. The right of employees, by and through a labor organization, to bargain collectively shall not be denied or abridged. Public employees shall not have the right to strike.”
In effect, this law means employers may hire union and nonunion members alike; a person’s membership or non-membership may not impact their eligibility for employment.
These are only some examples of Florida’s range of employment laws that may affect you as an employer or employee. If you have legal questions about your employment situation, whether you have been wrongfully terminated or are wondering about your legal powers as an employer, Four Rivers Law can help you. We can examine the relevant laws and help you make the right legal decisions.
Schedule an initial consultation free of charge online with an employment lawyer at Four Rivers Law in Tampa, Florida to get started on your case.