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Wrongful Termination Archives

What are the exceptions to at-will employment?

At-will employment is in place to benefit both workers and employers. It means that employers can let a worker go at any time without reason, but workers are also free to resign from their positions without fear of recrimination. It's not permissible to fire a worker for any reasons deemed discriminatory, and there are other exceptions to at-will policies that employers must adhere to when terminating their workers. The Balance offers the following information. 

Understanding initial probationary employment periods

There will almost always be some amount of trepidation when you start a new job in Fort Lauderdale. You want to come in right away an impress your new employer. In many professional positions, however, it is often understood that there will be an early acclimation period during which you get up to speed with regard to your new responsibilities. It is for this reason why so many come to us here at The Law Office of Michelle Cohen Levy, P.S. confused as to why they were so quickly dismissed from their new positions. Oftentimes, employers in such situations will state that these people were let go during their probationary period. 

Can you fire someone over a mental illness?

Many workers suffer from some form of mental illness, including things like depression and anxiety. Even if a mental health disorder makes it more difficult to do your job, your employer is not allowed to fire for this reason alone. The U.S. Equal Employment Commission explains how mental disorders must be treated in the place of work to ensure employers are compliant with prevailing regulations. 

Former dispatcher sued city and police department

Every employee that goes to work for companies in Fort Lauderdale has the right to expect that the environments in which they perform their jobs will be professional and free of any hostility. If that expectation is not met, then employees should be able to voice their concerns without fear of suffering reprisals. Not only does retaliatory action on the part of an employer enable bad workplace behavior to continue, but it demonstrates an indifference to employee safety in favor of company loyalty. 

Do you have an implied contract with your employer?

As you may already know, the state of Florida subscribes to the philosophy of at-will employment, meaning that your employer in Fort Lauderdale can fire you without having to provide you with a reason. This seemingly provides your employer with all of the power in your relationship (although you also benefit from the tenets of at-will employment in that you can leave your job whenever you want). Yet there are certain exceptions to at-will employment that afford you additional protection from being fired for no good reason

Understanding performance evaluation standards

A common response coming from employers in Fort Lauderdale accused of wrongful termination is that the employee involved did not meet the expectations of their position. One might struggle in responding to such a claim because, at face value, it appears to be so subjective. Yet a review of an employee's performance reviews can either prove or disprove such a claim. 

Can your employer fire you for no reason?

Being fired from your job in Fort Lauderdale can be extremely traumatic whose impact can be compounded even further if you are not given a reason for it. You might assume that your employer has to have a reason to fire you, yet that is not the case. Like many states, Florida subscribes to the "at-will employment" doctrine, meaning that your employment is conditional on your employer's will. If you are dismissed, the law does not mandate that your employer provide you with a reason. 

What is constructive discharge?

Some working environments are so abysmal that an employee would rather quit than put up with them. This is called constructive discharge and employees that resigned because of a toxic workplace may be able to file a wrongful termination claim as a result. The Balance explains constructive discharge and what you can do if it happens to you.

How employer retaliation can work to your advantage

Not all work environments are warm and supportive. Your boss may try to use fear and intimidation tactics to get the results he wants. However, even in the most difficult workplace scenarios, you’re entitled to certain legal protections—and you shouldn’t be afraid to claim them.

What is wrongful termination and how do you define it?

The question posed in our title may seem simple on the surface. Most people can "tell" or they get a gut instinct when they read a wrongful termination story, and they make a determination based on these feelings. Of course, in the eyes of the law, that doesn't cut it. Profound evidence needs to be there to establish a wrongful termination case.

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