One type of question we often hear is whether there is an issue of law in how or when someone was let go from their job. Florida is an at-will state, which means employees can be fired for any reason or none at all, so long as the basis for doing so is not unlawful. This of course does not mean that employees are without rights and employers without their obligations. Wrongful termination can and does happen.
There are a few protected areas both employers and employees should be aware of when it comes to termination. The following briefly examines a few examples.
Retaliation
Employees cannot be fired in retaliation for engaging in certain legally protected activities. Some examples of these include:
- Submitting complaints about workplace harassment
- Applying for workers’ compensation
- Complaining about discrimination of any kind
- Filing a charge with the Equal Employment Opportunity Commission
Essentially, employers are forbidden from firing an employee simply for safeguarding their common workplace rights — including to not be discriminated against — and pursuing certain benefits that may be due to them, like workers’ compensation and unpaid leave.
Discrimination
Discrimination in the workplace is defined by certain protected statuses. It is illegal for employees to be fired for discriminatory reasons. Protected areas include:
- Race
- National origin
- Age
- Disability
- Gender
- Pregnancy
Contract
An employee cannot be fired in breach of an employment contract, which often include sections on what constitutes just cause for termination. As well, employers are bound to provide any contractually outlined bonuses or promotions given that the employee has satisfied their contractual obligations, and to not retaliate against an employee for seeking those emoluments which are contractually due to them.
Leave
There are several types of approved leave that employees cannot be fired for taking. Most common among these is Family Medical Leave Act (FMLA), along with approved Workers’ Compensation leave and Short-Term Disability. If an employee is approved for leave, employers are advised to honor these absences with care. Any significant alteration of an employees’ working conditions following their return from leave could give rise to complaints of discrimination and, depending on the outcome, potentially lead to an issue of unlawful termination.
Addressing Wrongful Termination
These protected areas are oftentimes bound up with each other, and a simple situation can quickly become complicated, or at least look that way. Employers are advised to take employee complaints seriously and to handle requests and returns from leave with care.
In a world where perception quickly becomes reality, it can be tricky to determine the true motivating basis for an employee’s termination, which is where the advice of an experienced employment lawyer comes in. Fernee Kelly Law is here to help. Schedule a case evaluation with us today.