Wrongful Termination Firm in Miami-Dade County
Florida is known as an at-will employment state. This means generally that if a term of employment is not defined or otherwise agreed to, then either party may terminate the employment relationship at any time for any reason or no reason at all without being liable. See Smith v. Piezo Tech. Prof. Adm’rs, 427 So. 2d 182 (Fla. 1983). There are a number of exceptions to the at-will doctrine in Florida. For example, an employer cannot terminate an employee because that employee:
- Made a valid claim for compensation, or attempt to claim compensation, under Florida’s Workers’ Compensation Law. Fla. Stat. § 440.205.
- Testified in a judicial proceeding in response to a subpoena. Fla. Stat. § 92.57.
- Was summoned to serve, or served, on a grand or petit jury in Florida. Fla. Stat. § 40.271(1) and (3).
- Objected to, or refused to participate in, any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation. Fla. Stat. § 448.102(3).
- Disclosed, or threatened to disclose, information to any appropriate governmental agency, person, or entity (after giving notice in writing to the employer and affording the employer a reasonable opportunity to correct the activity, policy, or practice). Fla. Stat. § 448.102(1).
- Provided information to, or testified before, any appropriate governmental agency, person, or entity conducting an investigation, hearing, or inquiry into an alleged violation of a law, rule, or regulation by the employer. Fla. Stat. § 448.102(2).
- Reported violations of law on the part of a public employer or independent contractor to an appropriate agency. Fla. Stat. §§ 112.3187-112.31895.
- Refused to authorize direct deposit of wages. Fla. Stat. § 532.04(2).
- Kept a legally owned firearm locked inside a private motor vehicle parked in the parking lot when the employee is lawfully in the area. Fla. Stat. § 790.251.
- Has received a writ of garnishment to enforce a court order for alimony or child support against an employee. Fla. Stat. § 61.12(2).
If you believe you have been wrongfully terminated, have questions about your rights, or need assistance navigating Florida’s laws, please contact an experienced employment attorney at BT Law Group.
