When Can You Sue for Wrongful Termination?
Most employees in Florida, including workers in Marion and Citrus counties, are generally considered “at-will,” meaning an employer can terminate them at any time and for almost any reason. However, this right is not unlimited. Florida law, along with federal laws and regulations, protects employees from being fired for discriminatory or retaliatory reasons. Understanding when wrongful termination occurs and when it justifies legal action is crucial for any employee who has lost their job under questionable circumstances.
At James P. Tarquin, P.A., we represent employees who have been unfairly terminated and seek justice for those harmed by unlawful employment practices. Read on to learn when you can sue for wrongful termination in Florida, and contact our Marion County wrongful termination lawyers if you believe you have been the victim of wrongful discharge in Ocala or central Florida.
What Is Wrongful Termination?
Wrongful termination occurs when an employee is fired in violation of federal, state, or local laws. It also applies if the termination violates the terms of a contract between the employer and the employee, or a union contract. Common grounds for wrongful termination lawsuits include discrimination, retaliation, breach of contract, and violation of public policy.
Discrimination
Discriminatory terminations are one of the most common forms of wrongful termination. Under federal law, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), employees are protected from being terminated based on certain characteristics. This includes race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, and genetic information.
Florida’s Civil Rights Act also provides similar protections at the state level. If an employee in Marion or Citrus County believes they were terminated due to discrimination, they may have grounds for a wrongful termination lawsuit.
Retaliation
Employers are prohibited from firing employees in retaliation for engaging in protected activities. This includes filing a complaint about workplace discrimination, reporting illegal activities, or participating in a workplace investigation. Retaliation claims are protected under both federal law and Florida law.
For example, if an employee in Citrus County reports sexual harassment in the workplace and is later terminated as a result, they may have a strong retaliation claim for wrongful termination.
Breach of Contract
In some cases, an employment contract may specify conditions under which an employee can be terminated. If an employer violates these terms, it may lead to a breach of contract claim. In Florida, most employees are at-will unless a contract, either explicit or implied, outlines specific terms of employment. If you have a written contract guaranteeing job security or detailing termination procedures, and your employer fails to honor it, you may be able to sue for wrongful termination based on breach of contract.
Violation of Public Policy
Florida law also prevents terminations that violate public policy. For instance, if an employee refuses to engage in illegal activities requested by their employer and is fired as a result, they may be able to file a wrongful termination lawsuit. Other examples include termination for whistleblowing or for taking time off for jury duty, military service, or voting.
Filing a Wrongful Termination Lawsuit
If you believe you were wrongfully terminated in Marion County, it’s essential to act quickly. There are specific steps you should take to protect your rights and gather evidence for a potential claim:
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Document the Termination: Keep any paperwork or correspondence related to your termination, including termination letters, performance reviews, and any written communications with your employer. These documents may be critical evidence in proving that your firing was unlawful.
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File a Complaint with the EEOC or FCHR: In most cases, before filing a lawsuit for wrongful termination, you must first file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR). These agencies investigate claims of discrimination and retaliation. Filing a complaint with these agencies is a prerequisite for pursuing legal action in court.
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Consult with an Employment Lawyer: Wrongful termination claims can be complex, and you will need a qualified employment lawyer to guide you through the process. At James P. Tarquin, P.A., we help employees evaluate their claims and take appropriate legal action to seek compensation for their wrongful termination.
Damages Available in a Wrongful Termination Lawsuit
Employees who are successful in proving wrongful termination may be entitled to various forms of compensation, including:
- Back Pay: Compensation for wages lost due to the termination.
- Reinstatement: In some cases, employees may be reinstated to their previous position.
- Front Pay: Compensation for future wages if reinstatement is not feasible.
- Emotional Distress Damages: Compensation for the emotional impact caused by the wrongful termination.
- Punitive Damages: In cases of extreme misconduct, an employer may be ordered to pay punitive damages as a form of punishment and deterrence.
Time Limits for Filing a Claim
There are strict time limits for filing wrongful termination claims. Under federal law, employees generally have 180 days from the date of termination to file a complaint with the EEOC. Florida law may extend this period to 300 days, depending on the circumstances. Failing to meet these deadlines could prevent you from pursuing a claim.
Contact Our Marion County Wrongful Termination Lawyers
If you have been wrongfully terminated from your job in Marion or Citrus County, the attorneys at James P. Tarquin, P.A. in Ocala are here to help. We understand how devastating job loss can be, especially when it occurs under unlawful circumstances. Our firm is dedicated to fighting for employee rights and holding employers accountable for their actions.
Contact us today by calling 352-401-7671 for a free consultation to discuss your case and learn about your options for seeking justice.
