Wrongful Termination Laws

“Most people work just hard enough not to get fired and get paid just enough money not to quit” 

-George Carlin

If you have read the newspaper or watched television over the last few days, you have no doubt heard about a major shootout with law enforcement officers by a disgruntled employee. By all accounts, this employee believed that he was wrongfully terminated due to his reporting to his superiors of improper conduct by a fellow employee.

As a result of this employee’s firing and what he saw as discriminatory action towards him, terrible carnage ensued--- with both law enforcement officers and civilians being brutally killed.

The ultimate end of the entire matter was a hail of bullets, and the former employee dying in a blaze of fire. In the middle of all this chaos, the employee’s former employer stated that it intends to reopen his case to presumably now re-confirm whether his termination was justified.

I have received numerous questions, and opinions surrounding the circumstances of this individual’s termination. I can only shrug my shoulders to understand what mentally happened leading to this shooting rampage. But, it does appear, that a belief of a wrongful termination was the spark that started the raging inferno that followed.

Based on the numerous inquiries referenced above, I am compelled to discuss in general terms, what rights a person may have if they believe they are wrongfully terminated. Additionally, I will discuss what careful steps an employer should take to try and minimize exposure to a wrongful termination claim based on salary/overtime or a claim of discrimination.

Florida Employment Law

Florida is an “at-will” employment state. Employees and employers can terminate employment for any reason. This is a concept that is lost upon many people, and often asked about. People do not realize that an employer does not need “cause” to fire an employee.

That being said, there are some circumstances where it is wrongful for an employer to terminate an employee. Some general reasons for termination of employment that are illegal include, but are not limited to, the following: Termination in violation of federal and state anti-discrimination laws; Termination as a form of sexual harassment; Termination in violation of an oral or written employment agreement; Termination in violation of labor laws, including collective bargaining laws; Termination in retaliation for the employee’s having filed a complaint or claim against the employer.

Some rights provided by Federal law include the following: it is illegal to terminate or discriminate against employees on the basis of race, color, national origin, sex, religion, disability, pregnancy and age. It is also a violation for employers to consider these characteristics with regard to promotions, job assignments, and wages.

In an attempt to protect employees, Florida's constitution and state statutes enforce wrongful termination laws. Employers must also abide by federal laws enforced by the United States Department of Labor, Fair Labor Act, The Civil Rights Act, and the Occupational Safety and Health Administration (OSHA).

Basic Florida Law

Three Florida doctrines define wrongful termination. Florida's Constitution Article I, Section 6, guarantees a person's right to work and join labor unions. Florida's statutes--Chapter 448, sections 448.01 to 448.110—describe employees’ rights and remedies under the law.  Florida's Civil Rights Act of 1992, Chapter 760, Part 1, sections 760.01 to 760.11 prevents employers from discriminating on the basis of race, color, religion, sex, national origin, age, handicap or marital status.

Basic Federal Guidelines

In addition to Florida law, the state must apply the Federal Fair Labor Standards Act of 1938. Managed by the United States Department of Labor, it mandates minimum wages, overtime pay, record keeping, and child labor standards for private businesses and government workers. Military members' reemployment rights are protected by the Veteran Employment and Training Services (VETS), and OSHA's Whistleblower and Non-Retaliation Protection Act protects employees who complain about an unsafe or unhealthy workplace, environmental problems, and public safety hazards and securities fraud.

Quoting, Laurie Senese, “Wrongful Termination Laws in Florida.” 

Wrongful Termination based on Discrimination 

The steps to take in filing a claim based on discrimination are as follows:

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 some exceptions to having to file an EEOC claim prior to filing a lawsuit. These should be discussed with your legal counsel.

 

Wait to find out the result of the EEOC investigation. Sometimes the EEOC files a lawsuit on your behalf. 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’s 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.

Quoting, Mike Bell, “How to File for Wrongful Termination in Florida.”

It is highly recommended that you hire a lawyer for a wrongful termination claim based on discrimination because there are very complex state and federal laws that may affect the legal relief you obtain. It could also be that, upon further review of the specific facts of your potential case, your employer may be in violation of multiple state and federal laws.

Damages generally available to wrongfully terminated employees based on discrimination may include back pay, promotion, reinstatement, monetary damages, reasonable accommodations, injunctive relief, punitive damages, and attorney’s fees. 

The Employer’s Perspective

Wrongful termination is defined as the action of firing an employee without a proven and legitimate cause.  Some cases of wrongful termination include firing an employee based on his or her race, gender, religious beliefs, etc.  It’s true that even in cases of legitimate and proven termination, employees may file wrongful termination lawsuits.  Here are some tips on how to avoid wrongful termination suits.

Each state is different when it comes to termination and wrongful termination laws.  It’s important to become familiar with those laws as well as past wrongful termination lawsuits. This knowledge will help employers create policies up front that are consistent and legal.  Studying laws for the purpose of creating termination policies will help keep businesses above board and in line with the applicable laws and cases.  By learning from past wrongful termination cases in other scenarios, employers can gain a finer understanding of what is typically accepted and what is not.

Before termination, most employers dole out disciplinary actions against employees.  Depending upon company policy, your company should give employees at least 3 warnings or follow acceptable procedures before the employee is terminated. 

It’s extremely important to document any disciplinary actions as soon as they take place.  Also, have your employee sign a copy or statement of each and every disciplinary action right away.  This helps shield your company from a wrongful termination suit because it proves that other alternative and reasonable actions were taken in an attempt to remedy a situation before an employee was terminated.

If termination seems like the only reasonable course of action, gather all case files and review them with the Human Resources department, or if none exists, the individual in charge of employee management.  Consider any other available options which may remedy the situation and keep your company from being involved in a wrongful termination suit.

Compare the employee’s file and the events which have earned disciplinary action, with other disciplinary actions against employees in similar situations. Make absolutely sure that your disciplinary actions are always consistent with each employee. Review your state laws and statutes with your lawyer, and any applicable Federal laws, to determine whether termination is an appropriate action.

It cannot be stressed enough that, as a business owner, if you feel as though an employee about to be terminated may file for wrongful termination, absolutely consult with an attorney before making any decisions.  It is important to provide your attorney with all important documents regarding the employee and the reason termination is desired.  Also, in order to minimize claims based on overtime and wages, discuss all the necessary documents that you should keep to defend against a wage or overtime claim, and discuss with your legal counsel what type of records you should be keeping to avoid a claim based on the Fair Labor Standards Act, or a claim based on discrimination.

Quoting, www.LawFirms.com.

We may never know why certain individuals lose touch with reality and resort to tragic and violent actions to express their frustrations with employer decisions.

What we do know and can control, is maneuvering through the many federal and state laws potentially applicable to termination decisions. This must be done very carefully.  It cannot be stressed enough that employment laws are complex, and whether an employee is evaluating filing a wrongful termination lawsuit, or an employer is considering terminating an individual---extreme care must always be taken.

~Leonardo G. Renaud