Wrongful termination occurs when an employee is fired for unlawful reasons or if the dismissal breaches an employment contract or agreement. As an employee, it’s important to understand your rights and recognize the signs of unlawful dismissal.

In this article, we’ll discuss what constitutes wrongful termination and identify red flags that may suggest you were unlawfully dismissed from your job.

What Constitutes Wrongful Termination?

Wrongful termination refers to a situation in which an employee is fired for illegal reasons, or the dismissal violates the terms of an employment contract or agreement.

Most employment relationships in Florida are “at-will,” meaning an employer can terminate an employee for any reason or no reason at all, as long as it’s not illegal. However, there are exceptions to at-will employment, such as when there’s an employment contract or when the dismissal violates anti-discrimination laws or other applicable laws.

7 Signs of Potentially Unlawful Dismissal

1. Discrimination

If you believe you were fired because of your race, gender, age, religion, national origin, disability, or another protected characteristic, you may have a case for wrongful termination. Title VII of the Civil Rights Act of 1964 and other anti-discrimination laws prohibit employers from making employment decisions, including termination, because of these protected characteristics.

If you experienced disparate treatment compared to other employees who are similarly situated, meaning the employee works in the same position and engaged in similar alleged infractions or worse, yet treated more favorably, or faced a hostile work environment that led to your dismissal, you might have grounds for a discrimination claim.

2. Retaliation

Retaliation occurs when an employer fires an employee for engaging in legally protected activities, such as reporting harassment, discrimination, or safety violations, filing a workers’ compensation claim, or participating in whistleblowing activities. Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act (FLSA), Florida’s private sector Whistleblower Act, and various laws prohibit employers from retaliating against employees who exercise their legal rights or report wrongdoing.

3. Breach of Contract

If you have an employment contract that guarantees a specific employment term or outlines specific termination procedures, and your employer fires you without following these contractual requirements, the employer may be in breach of the agreement.

4. Violation of Other Employment Laws

Termination that violates other employment laws is another example of an unlawful termination. This can include situations where an employee is fired for exercising their legal rights (such as taking a leave of absence under the Family and Medical Leave Ace) or fulfilling civic duties like jury duty or completing required military service.

5. Constructive Discharge

Constructive discharge occurs when an employer creates a work environment that is so unbearable that a reasonable employee would feel compelled to resign. This can include subjecting an employee to severe or pervasive harassment, discrimination, or retaliation or making significant changes to their job duties or compensation that leave the employee with no choice but to quit.

This is often found in sexual harassment cases where the employee reports the harassment, but the employer does not correct the situation, and the employee continues to be subjected to daily occurrences of sexual harassment that are severe or pervasive. In these cases, the resignation could be treated as a termination, and the employee may have a claim for wrongful dismissal.

6. Failure to Provide Reasonable Accommodations

Under the Americans with Disabilities Act (ADA) and the Florida Civil Rights Act (FCRA), employers are required to provide reasonable accommodations to employees with disabilities as long as the accommodations don’t pose an undue hardship on the business.

If you were denied a reasonable accommodation for a disability, or you were fired due to your disability or request for accommodation despite being able to perform the essential functions of your job with accommodations, you may have a case for wrongful termination.

7. Violation of WARN Act

The Worker Adjustment and Retraining Notification (WARN) Act requires employers with 100 or more employees to provide at least 60 days’ notice before mass layoffs or plant closures per worksite. Notably, there are exceptions to this requirement. But, if your employer failed to give proper notice under the WARN Act and terminated your employment as part of a group that would meet the requirements of the WARN Act without adequate warning, you might have a claim.

What to Do If You Suspect Wrongful Termination

If you believe you’ve been wrongfully terminated, it’s essential to take action to protect your rights. Start by documenting the events leading up to your termination, gathering evidence that supports your claim (such as emails, performance reviews, and witness statements), and consulting with an experienced employment law attorney at BT Law Group.

Depending on the nature of your claim, your attorney may file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR). In some cases, for example, under Florida’s private sector Whistleblower Act, you may also have the option to file a wrongful termination lawsuit against your former employer.

Seek Legal Guidance from BT Law Group

At BT Law Group, our experienced employment law attorneys are dedicated to protecting the rights of employees who have been wrongfully terminated. We understand the challenges you face and are here to guide you through the legal process, fighting for the justice and compensation you deserve.

If you suspect you’ve been unlawfully dismissed from your job, don’t hesitate to reach out to our team for a confidential consultation. Our knowledgeable attorneys will review your case, explain your legal options, and help you determine the best course of action to hold your employer accountable and protect your rights.

Contact BT Law Group today to schedule your consultation and take the first step towards achieving justice for your wrongful termination.