Florida Wrongful Termination Laws 2025 – All You Need To Know

Legal employment issues can arise and can cause difficulty for the employee and/or employer. Employment-related legal matters present complex challenges that typically require professional legal assistance. Both individuals and businesses must understand how much an employment lawyer costs in Florida to help navigate their decisions.

Florida At-Will Employment

Florida is an at-will employment state. This means that an employer can fire an employee with or without reason or notice. However, they cannot fire employees for illegal reasons. Some of these illegal reasons include:

• Discrimination. Federal and state laws prohibit employee termination on the basis of race, color, religion, sex, including pregnancy and sexual orientation, national origin, age above 39 years old, disability status, or genetic data.
• Retaliation. Employees cannot terminate an employee for exercising their rights. Some of these rights include reporting their employer for unsafe practices, whistleblowing, or filing a discrimination claim.
• Breach of contract. While most employment is at-will, some employment contracts specify otherwise, whether written or implied. An employer cannot breach this contract, or they may be liable for wrongful termination.
• Public policy. Public policy includes certain duties such as fulfilling jury duty obligations, refusing to participate in illegal activities, and serving in the military.

Florida Wrongful Termination Laws

Employees in Florida benefit from basic anti-discrimination protections and have extra legal rights that defend against wrongful termination. The Family and Medical Leave Act (FMLA) provides eligible employees with the ability to take unpaid leave for no more than 12 weeks to address family and medical needs while maintaining job protection. It is unlawful to fire an employee for utilizing their FMLA leave, which can result in a wrongful termination claim.

The Florida Private Whistleblower Act protects Florida employees from employer retaliation when they report legal and regulatory violations or ethical breaches. The Occupational Safety and Health Act (OSHA) protects workers who report hazardous conditions or refuse work in unsafe settings.

The Fair Labor Standards Act (FLSA) provides workers with protection under wage and hour regulations. Terminating an employee for reporting issues with unpaid wages or overtime, or incorrect job classification constitutes wrongful termination through retaliatory action. The federal False Claims Act protects workers who report fraud against government programs, including Medicare or Medicaid, through its strong anti-retaliation measures. Recent updates to Florida’s wrongful termination laws have clarified protections for workers taking medical leave or reporting safety violations.

Florida Employment Statistics

Employees in Florida submitted a total of 5,349 discrimination complaints to the U.S. Equal Employment Opportunity Commission (EEOC) in 2022. The Equal Employment Opportunity Commission statistics reveal a substantial number of workers who report illegal treatment while working.

Retaliation was the highest reported issue among Florida employees who submitted 3,190 charges because they felt punished for exercising their rights. Disability discrimination complaints reached 2,036 cases, while race discrimination allegations and sex discrimination complaints followed with 1,551 and 1,150 charges, respectively.

Florida Wrongful Termination

Florida workers can be wrongfully terminated through various methods, even though the state uses an at-will employment system.

For example, a common occurrence is when an employer fires an employee shortly after filing a workers’ compensation claim. Such actions are illegal and grounds for a legal claim.  Another frequent instance of wrongful termination occurs when a worker who reports dangerous working conditions gets fired despite legal protections under both federal and state laws.

Filing a Wrongful Termination Claim in Florida

You should file a complaint with the Florida Commission on Human Relations (FCHR) or the U.S. Equal Employment Opportunity Commission (EEOC) if you believe you have been wrongfully terminated. The FCHR in Tallahassee and the EEOC’s Miami District Office allow individuals to file these claims. Early collection of evidence, such as emails, performance reviews, and witness statements, is important for your case. Knowing the proper steps to document discrimination can significantly strengthen your case when filing with the EEOC or FCHR

Should your case reach the courtroom, it will likely be handled by the U.S. District Court for the Southern District of Florida, which serves Miami, Fort Lauderdale, and West Palm Beach.

FAQs About Employment Law in Florida

What Qualifies as Wrongful Termination in Florida?

Any firing of an employee on illegal grounds qualifies as wrongful termination in Florida. This includes discrimination practices and retaliation. Despite Florida’s at-will employment policy, employers are prohibited from firing employees for reasons that breach federal and state laws that protect worker rights. If you find yourself being terminated for unlawful reasons, consult an attorney to seek the compensation you deserve.

Can You Win a Wrongful Termination Claim in Florida?

You can win a wrongful termination claim in Florida if you can prove that the termination occurred for unlawful reasons. Evidence of this can include text messages, emails, voicemails, and eyewitness statements that support your claim. The success of your case will heavily rely on the amount and strength of the evidence you can provide.

What Are the Odds of Winning a Wrongful Termination Case?

The odds of winning a wrongful termination case depend on the specific facts presented, the power of the evidence provided, and the legal tactics implemented. Employees have a higher chance of winning a wrongful termination case when they demonstrate that their firing breached specific legal protections or employment agreements. To increase your chances, be sure to gather as much evidence as you can and hire an attorney to help you in the legal process.

What Is the Average Settlement for a Wrongful Termination Claim in Florida?

The average settlement for a wrongful termination claim in Florida changes depending on how severe the employer’s actions were and the resulting financial and emotional impact on the employee. Settlements target financial recovery for lost wages and benefits as well as other damages, but their effectiveness depends on the unique details of each situation.

Contact The Law Office of Michelle Cohen Levy, P.A. Today

Florida employment laws provide the necessary power to fight back when dealing with wrongful termination that causes emotional and financial devastation. Understanding your rights helps you avoid problems while filing appropriate claims with the proper agencies. A competent attorney at The Law Office of Michelle Cohen Levy, P.A. can help you in this process. Contact us today to begin and receive the justice you are entitled to.