FLORIDA AT WILL EMLOYMENT AND
YOUR RIGHTS WHEN YOU LOSE YOUR JOB
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Isn’t my employer required to have a good reason for firing me?
Generally, no. In Florida, employment is “at will”, meaning that either the employer or the
employee can end the employment relationship at any time without reason
unless you have an
employment contract or union agreement governing the terms of your employment or work for a
government employer.
But I thought Florida is a “right to work” state.
“Right to work” only means that a person cannot be denied employment based on union
membership. The “right to work” doctrine does not create job entitlement.
When is a discharge wrongful?
Discharges are unlawful when they violate legal protections such as, among other things,
discrimination or harassment (race, color, national origin, disability, age, gender, religion or
marital status), retaliation for asserting your legal rights, absence to serve on a state court jury,
whistleblower protection, or are in violation of employment contracts or union agreements.
Aren’t I entitled to an opportunity to challenge the decision to fire me?
No, unless you have an employment contract or union agreement giving you such right or in
some cases, if you work for a government employer. Some employers voluntarily provide an
appeal process. Check your company handbook or ask the Human Resource Department for
more information.
Aren’t I entitled to a warning before being fired?
No, unless you have an employment contract or union agreement giving you such right or in
some cases, if you work for a government employer. If the employer has a policy of progressive
discipline or giving warnings before termination, such policies are usually voluntary and not
required by law. However, if such discipline policies exist, the employer must apply them in a
nondiscriminatory way.
Given that I can be fired for no reason, what can I do to protect my job?
Make yourself valuable to your employer by doing your best and following workplace rules and
procedures. Always read and keep copies of any documents about your employment so you
understand your rights and responsibilities. Avoid workplace conflict. When problems arise,
follow your employer’s policy for reporting them. Maintain your composure when trying to
resolve workplace problems. Do not make threats. Recognize that not all unfair treatment is
unlawful. Therefore, seek legal advice before risking your income because of thinking that you
have legal recourse against your employer. While none of this guarantees that you will not be
fired, it should make you a more valuable employee and help if you later have a wrongful
discharge claim.
Are there red flags that can alert me that I may be discharged?
Yes. If you have usually received positive evaluations and seldom if ever been disciplined, but
suddenly receive several write ups or a poor evaluation for things that previously were not a
problem, you may be at risk of being discharged. This sometimes occurs when new managers
arrive and have different expectations than prior managers.
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The information provided here is general in nature and not intended as legal advice. The laws
discussed are subject to change without notice. Seek legal advice for more information.