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Photo of Michelle Cohen Levy
Photo of Michelle Cohen Levy

Can you file a wrongful termination claim against an employer?

On Behalf of | May 3, 2022 | Wrongful Termination |

You are a loyal employee. You love your job and you understand your obligation to your employer, and you take it seriously. Then one day, your employer dismisses you from your role. You believe you are a victim of wrongful termination.

Florida is an at-will state. This means that an employer in the Sunshine State can dismiss an employee for any reason as long as that reason is legal and does not break any law or public policy. For instance, an employer can dismiss you because they believe your performance is poor.

However, the employer cannot fire you in retaliation or based on discriminatory grounds. If this happens, you may file a wrongful dismissal claim against the employer in question.

So when can you claim wrongful dismissal at work?

Depending on the circumstances of your case, here are some of the circumstances when you can claim wrongful dismissal at work:

When you are a victim of sexual harassment in the workplace

Sexual harassment has no place in the workplace. In fact, the Civil Rights Act of 164 prohibits all forms of sexual harassment in the workplace. If you have been dismissed because you filed a sexual harassment in the workplace, then you may have a case against your employer.

When the employer disregards your sick leave

The Family and Medical Leave Act (FMLA) requires employers to provide their job-protected employees with up to three months of unpaid leave for qualified family and medical reasons. To be eligible for this leave, the employee must have worked with the organization for at least one year or 1,250 work hours. If an employer dismisses you following your FMLA leave, then you may sue them for wrongful dismissal.

Everyone deserves a just and fair workplace. Find out how you can safeguard your rights and interests if you are a victim of wrongful termination at work.