Wrongful Termination Checklist: Steps to Take if You Suspect Unlawful Job Termination in Central Florida

Experiencing a job termination can be a challenging and stressful event under any circumstances. However, when you believe your termination was unlawful, it can add layers of confusion and frustration. Wrongful termination, also known as unlawful termination or wrongful discharge, occurs when an employer fires an employee in violation of state or federal laws. At James P. Tarquin, P.A., our Ocala employment law firm is dedicated to protecting the rights of employees throughout central Florida. This checklist is designed to help you understand the steps you should take if you suspect you’ve been wrongfully terminated. For specific legal advice tailored to your unique situation, contact our office for a free consultation with our knowledgeable and experienced Ocala employment law attorneys.

1. Understand What Constitutes Wrongful Termination

Before proceeding, it’s essential to understand what qualifies as wrongful termination under Florida law. In Florida, most employment is “at-will,” meaning an employer can terminate an employee at any time for any reason or no reason at all. However, there are exceptions to this rule where discharge could amount to wrongful termination, including:

• Discrimination: Termination based on race, color, religion, sex, national origin, age, disability, or genetic information.
• Retaliation: Firing an employee for filing a complaint about discrimination, harassment, or another workplace issue.
• Violation of Public Policy: Termination for reasons that violate public policy, such as firing an employee for refusing to engage in illegal activities or participating in jury duty.
• Breach of Contract: Termination that violates the terms of an employment contract.

2. Document Everything

One of the most critical steps you can take is to document everything related to your termination. This includes:

• Employment Records: Gather your employment contract (if applicable), employee handbook, performance reviews, and any other documents related to your employment.
• Termination Notice: Keep a copy of any termination notice or correspondence related to your termination.
• Workplace Communications: Save emails, text messages, and other communications that may provide context for your termination.
• Witness Statements: If co-workers witnessed discriminatory behavior toward you or other unlawful actions, ask them if they would be willing to provide a statement.

3. Review Your Employment Contract

If you have an employment contract, review it carefully to determine if any terms were violated. Some contracts contain specific clauses about termination procedures, severance pay, or other protections. Breach of contract is one of the key grounds for a wrongful termination claim in Florida.

4. Identify Possible Discrimination or Retaliation

Consider whether your termination could have been motivated by discrimination or retaliation. For example, were you recently involved in a complaint about workplace discrimination or harassment? Were you terminated shortly after requesting FMLA leave or filing a workers’ compensation claim? These could be signs of retaliatory termination, which is unlawful.

5. File a Complaint with the Appropriate Agency

If you suspect your termination was due to discrimination or retaliation, you may need to file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR). These agencies investigate claims of discrimination and retaliation and may take legal action on your behalf. Be aware that there are strict deadlines for filing these complaints, so it’s crucial to act quickly.

6. Seek Legal Advice

Wrongful termination cases can be complex and challenging to navigate on your own. Consulting with an experienced employment law attorney is one of the best steps you can take to protect your rights. At James P. Tarquin, P.A., we can help you understand your legal options, gather evidence, and pursue a claim against your former employer.

7. Consider Alternative Dispute Resolution

In some cases, you may be able to resolve your wrongful termination claim through alternative dispute resolution methods, such as conciliation, mediation or arbitration. These processes can be less time-consuming and costly than litigation, and they may lead to a favorable outcome without the need for a court trial.

8. Prepare for Potential Litigation

If alternative dispute resolution is not successful, or if your case is particularly strong, you may need to prepare for litigation. This involves working with your attorney to build a solid case, which includes gathering evidence, preparing witnesses, and crafting legal arguments. Your attorney will guide you through this process and represent your interests in court.

9. Stay Professional and Avoid Negative Publicity

While it can be tempting to vent your frustrations on social media or to co-workers, it’s essential to stay professional throughout the process. Negative comments or actions could be used against you in legal proceedings. Let your attorney handle communications with your former employer and any public statements related to your case.

10. Focus on Your Next Steps

Finally, while pursuing a wrongful termination claim is essential, it’s also important to focus on your future. Whether that means seeking new employment, exploring career opportunities, or investing in additional education or training, taking positive steps forward will help you move past the wrongful termination and build a brighter future.

Contact Our Marion County Wrongful Termination Lawyers

If you believe you’ve been wrongfully terminated, the steps outlined in this checklist can help you protect your rights and pursue justice, but these are general in nature and no substitute for personal legal advice. At James P. Tarquin, P.A., we are committed to standing up for employees who have been unfairly treated by their employers in Marion and Citrus counties in Central Florida. Contact our Ocala office today at 352-401-7671 for a free consultation and learn how we can assist you in your wrongful termination case.