How to File for Wrongful Termination in Florida
Florida is an "at-will" state, making it extremely difficult to file for wrongful termination. Florida labor laws allow employers to fire workers for any reason or even no reason at all. There are several exceptions to this rule, including discrimination, but as a whole, Florida is a tough state to prove wrongful termination in.
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Instructions
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Acquire counsel. A lawyer will help you figure out if you actually have a winnable case for wrongful termination. As mentioned above, Florida's "at-will" laws mean employers don't need cause to fire anyone. The only way to contest a firing is to argue that the employer broke one of the overlying basic labor laws, such as letting an employee go due to a pregnancy or age. Even if you do not have a legal case, an attorney may be able to get you some sort of severance package, according to Donna Ballman, an attorney in Fort Lauderdale.
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File a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission (EEOC). This must be done within 300 days of the incident of discrimination and is a necessary prerequisite before filing a law suit. There are two exemptions to this requirement: If you plan to sue for age discrimination or suing under the Equal Pay Act, you do not have to go through the step of filing a Charge of Discrimination.
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Await results of an EEOC investigation. There are some instances in which the organization may choose to file suit on your behalf. According to the EEOC's website, the organization weighs many things in its decision, including how bad the violation is as well as what effect a law suit could have on employee rights as a whole. There are situations where the EEOC may investigate and find possible evidence of discrimination but still decide not to sue. If the EEOC decides not to file a lawsuit on your behalf, it will issue a Notice-of-Right-to-Sue.
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Go through with the lawsuit. Whether it's the EEOC or a private attorney filing on your behalf, this is your chance to win your case. Success in court can result in many rewards, including getting your job back or being paid damages by the company.
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References
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