If you lost your job in a way that seems capricious, arbitrary or unfair, you may be wondering if you have a wrongful termination case. In reality, unless you work for a municipality, you are in a union, or you have an employment contract, your employment is more than likely "at will." This means your employer can fire you at any time and for any reason-or for no reason.
For the majority of people, the days, weeks and months spent at a job pass rather uneventfully with duties being performed and paychecks collected. While this day-to-day routine can certainly become mundane, there is nevertheless a certain comfort that can be derived from expecting no surprises and becoming increasingly skilled at your job.
In a previous post, we discussed how the majority of employees across the U.S. are presumed to be at-will, meaning their employers are permitted to terminate their services for any legally permissible reason -- or no reason whatsoever.
Many people understandably take immense pride in their work. Indeed, they may consider themselves as nothing less than model employees given that they always put in a solid eight hours of work, always meet their goals and always perform to the best of their abilities.
State and federal laws, including Florida's Whistleblower Protection Act and the federal False Claims Act, offer protections to employees who blow the whistle on supervisors and managers who willingly engage in illegal or unethical activity. However, to be afforded full protection under the law, an employee must go through the proper channels when reporting a violation.
Here in Florida, we are only on the precipice of introducing medical marijuana to a rather limited degree, meaning it's highly unlikely that we will encounter any significant legal controversy relating to things like employment anytime soon.
While the following story did not happen here in Miami, or even in the state of Florida, it still brings up the important topic of wrongful termination, and how this area can be fraught with complications.
In a series of ongoing reports, we've been discussing how those state employees who uncover some manner of dangerous and/or illegal conduct on the part of their employer do have options for reporting their discovery without fear of retaliation (i.e., poor performance reviews, demotion, termination, etc.).
Last time, we discussed how state employees who learn about some type of dangerous or illegal activity being committed by their employer often feel as if they are left with only two options: 1) ignore it or 2) report it.
The unfortunate reality is that when employees learn of some type of dangerous or even illegal activity being perpetrated by their employer, they often feel as if they are left with few options, none of which are favorable.