At-will employment is a legal doctrine that gives employers the right to terminate an employee at any time for any lawful reason. Conversely, employees are also free to quit their jobs at any time, for any reason.

It may sound a bit harsh, but the at-will employment doctrine is alive and well in Florida and in many other states. In fact, it’s been a fundamental principle of the employment relationship in Florida for over 100 years.

But there are exceptions. If you have an employment contract that specifies grounds for termination or you’re a union member with a collective bargaining agreement, those supersede at-will rules.

Common Reasons Employers Terminate Employment

So when can your boss legally show you the door under at-will employment? Let’s explore some common scenarios:

Performance Issues

Perhaps your work has been subpar lately despite being given feedback and an opportunity to improve. As long as the reasons cited are legitimate and not discriminatory or retaliatory, poor performance can justify termination.

Workplace Misconduct

Workplace misconduct covers behaviors like harassment of others, insubordination, violations of company policies, or other actions that create a hostile work environment for others. In many cases, a serious offense can warrant immediate termination.

Operational Needs

Companies can legally lay off employees due to workforce reductions or other operational requirements. This doesn’t necessarily mean you did anything wrong. This also includes a company’s financial issues, all of which could justify a termination.

Loss of Qualification

If your job requires specific licenses, certifications, or credentials that expire or get revoked through no fault of your employer, they may have grounds to terminate you.

The bottom line is that with at-will employment, your employer can fire you for any lawful reason. As long as they’re not discriminating against you, firing you in retaliation, or any other reason that violates employment law, then the company can terminate your employment.

When is Firing Considered Wrongful Termination?

There are, however, times when a termination might violate the law. If so, you may have grounds to bring a claim stemming from your wrongful termination against your former employer. Some common examples:

• Discrimination: You cannot be fired due to protected characteristics such as your race, gender, national origin, age, religion, or disability.
• Retaliation: An employer can’t terminate you for exercising your legal rights in good faith, like requesting disability accommodations or reporting harassment.
• Breach of Contract: If you have an employment agreement that contains specific disciplinary procedures or grounds for termination, and that agreement wasn’t followed.
• Public Policy Violations: For example, being fired for taking time off for jury duty or refusing to commit an illegal act on behalf of your employer.

When this happens, you may have a valid claim stemming from your wrongful termination, and pursuing legal action to get compensated for lost wages and other damages could be an option.

Building a Wrongful Termination Case

If you believe your termination was unlawful, assembling a strong legal case is crucial. This involves carefully documenting incidents, following procedures for reporting misconduct and gathering supporting evidence like emails and performance reviews.

Having the right documentation in hand will make it easier to demonstrate that your employer’s alleged “reasons” for terminating you were merely pretext for an illegal motivation like discrimination or retaliation.

It’s also important to act quickly, as there are strict time limits for filing wrongful termination claims with the relevant federal, state, or local government agencies, like the Equal Employment Opportunity Commission (EEOC) and the Florida Commission on Human Relations.

When to Consult an Employment Lawyer

Are you unsure if you have legal grounds to pursue a wrongful termination case? That’s understandable – these matters can get extremely complex, especially if you are dealing with a large corporation armed with experienced legal teams.

Here are some signs that it may be time to consult an employment law attorney:

• You recently engaged in a protected activity like reporting harassment or requesting accommodations and were terminated
• Your termination closely followed a workplace injury, pregnancy, leave of absence, or other protected condition
• You have evidence that your employer’s stated reasons for your termination were either false or discriminatory
• You were fired shortly after complaining about illegal activities or refusing to commit illegal activities at the behest of your former employer.

An experienced employment lawyer can review the facts, assess the merits of your claim, ensure you meet all filing deadlines and requirements, and represent you through negotiations or litigation to recover damages you may be owed.

The statute of limitations in Florida for filing a wrongful termination lawsuit can be quite short. Also, for example, the deadline in Florida for filing a discrimination claim with the Equal Employment Opportunity Commission (EEOC) is 300 days (or 365 days under state law). Missing these windows could prevent you from ever seeking the justice you deserve.

Legal Trends and the Future of At-Will Employment

Recently, some states have moved to restrict or abolish at-will employment through legislation, such as requiring “good cause” for terminations. Meanwhile, a few pioneering companies have voluntarily abandoned at-will policies, extending more job security protections and disciplinary processes to employees. Only time will tell if this philosophy gains wider traction.

Debates over reforming or eliminating the at-will doctrine continue to simmer across the nation. Those in favor argue that it gives companies flexibility and discourages frivolous lawsuits. Critics argue that it exposes workers to arbitrary treatment and discrimination.

Here in Florida, at-will employment remains the “law of the land.”. However, employers and employees alike would be wise to stay up-to-date with any legislative developments that could reshape this contentious area of the law.

If you have been terminated and suspect wrongful termination, contact the attorneys at BT Law Group today. Our experienced employment law attorneys can review the circumstances of your termination and advise if you have a viable claim against your former employer.