In Florida and much of the United States, most employment is based on the “at-will” doctrine, which gives both the employer and the employee the freedom to end their working relationship at any time, for almost any reason—or for no reason at all.
However, this freedom has its limits. Even in at-will employment states such as Florida, the law protects workers from unfair dismissal. What should you know about wrongful termination in a state with at-will employment?
What could wrongful termination look like in an at-will state?
At-will employment offers both employees and employers flexibility to end the employment relationship at almost any time. However, there are exceptions to this rule. These exceptions to at-will employment include:
- Discrimination: Laws at the federal, state, and local level say you can’t fire someone just because of protected characteristics. These include the person’s race, religion, sex, national origin, age, sexual orientation, marital status or disability. If an employer that makes decisions based on these characteristics, it could be wrongful termination.
- Retaliation: Employers fire workers for doing things that are legally protected. This includes complaining about discrimination in the workplace, being part of an investigation into alleged discrimination, filing a worker’s compensation claim, taking family and medical leave under the FMLA or reporting illegal activity as a whistleblower.
- Breach of contract: If there is a written employment contract, employers must follow this agreement. This could include rules about how secure the job is or under what conditions the employer can fire an employee.
At-will employment can complicate questions about wrongful termination. Understanding the legal limits of this doctrine can help employees and employers alike protect their rights.