Questions Employees Ask About Florida Employment Law

If you have questions about Florida or federal employment laws, we have answers. On this page, we answer some frequently asked questions about employment related concerns like workplace discrimination and harassment, employer retaliation, unpaid wage claims and more.

If you have questions that aren’t addressed here, reach out to us for answers. With over 60 years of combined experience representing both employers and employees in South Florida, we have the skill and knowledge to help you navigate your way through any employment law issue you might be facing.

Can an employer retaliate when an employee complains about harassment or discrimination in Florida?

Workers in Florida are protected against retaliation under both state and federal law. If you can prove retaliation for making complaints about harassment or discrimination, or for protected activities like whistleblowing or participating in investigations into other employees’ claims, you may be entitled to damages.

Learn more about these state and federal laws and the protections they provide here.

Can I be fired without cause In Florida?

The short answer is yes. Florida is an at-will employment state and, unlike some other states, has no laws against wrongful discharge. However, if your termination was the result of provable discrimination against a protected class or retaliation for participating in protected activities, you may have a valid claim.

Learn more about what activity and classes are protected by Florida and federal laws here.

Can I sue a company for wrongful termination In Florida?

Florida is an at-will employment state, meaning an employer can terminate an employee at any time for any reason, or even for no stated reason at all. Absent additional regulations for public employees or terms negotiated in a union CBA or employment contract, claims for wrongful termination can only be made if an employer terminates an employee based on certain protected characteristics or conduct.

Learn more about some exceptions to the at-will employment rule in Florida here.

Can I sue an employer for unpaid wages in Florida?

Under Florida and federal law, employees who are not paid wages may file a claim in civil court. These claims can be filed for hourly pay or salary, commissions, and certain bonuses. The employee may also recover court costs and attorney’s fees if they are awarded due wages.

To learn about applicable Florida and federal laws related to unpaid wages, read more here.

Can I sue for job discrimination in Florida?

Under both federal and Florida law, employers may not discriminate against employees in the terms and conditions of employment based on a variety of protected characteristics such as race, national origin, sex, age, disability, sexual orientation and religion. It is also unlawful for employers to retaliate against employees for making claims of discrimination.

Learn more here about which classes and activities are protected under these laws, as well as the steps you can take to report discriminatory actions both internally and to regulatory agencies.

Do I need a lawyer for an unemployment hearing in Florida?

While you can easily apply for unemployment benefits online in Florida on your own, you may need the help of an experienced employment law attorney if your claim is denied. If this is the case, you have the right to appeal the decision. At the appeal hearing, an attorney can help properly prepare and submit evidence in support of your appeal, call witnesses to testify on your behalf, and cross-examine witnesses brought by your employer.

Read more here about how an attorney can help you appeal a denied unemployment benefits claim.

Is a non-compete agreement enforceable in Florida?

Under Florida law, an employer can enforce a non-compete agreement so long as it is reasonable in terms of time and geographical area and protects a legitimate business interest of the employer. Non-competes that are limited to two years or less and to areas in which the employer actively does business are generally deemed reasonable by courts.

To learn about non-compete agreements, if they’re enforceable or not, and what an employment attorney can do to help negotiate with employers and employees, read more here.

Is a whistleblower protected under Florida law?

Yes, whistleblowers are provided various protections under Florida law. Employers may not take adverse action against employees who object to or refuse to participate in activity that violates federal, state or local laws, rules or regulations. They are also prohibited from retaliating against employees who report such activity, whether it is reported internally or to outside agencies like regulatory bodies or law enforcement.

To learn about these laws, the protections they provide, and your options when filing whistleblower claims, read more here.

Is an employer required to provide severance pay in Florida and can I negotiate a better separation agreement?

Florida law does not require employers to offer or provide severance pay to terminated employees, but it can be offered under certain circumstances. Severance is commonly tied to a separation agreement, which can offer severance pay to the employee in exchange for their waiving the right to file claims of discrimination. As such, if the employee has a viable claim, they would be releasing by signing the Separation Agreement, they may be able to negotiate for a better severance with the assistance of a knowledgeable and experienced employment lawyer.

For both employers and employees, the wording of these agreements is important. Learn more here about your options for either drafting or reviewing separation agreements.

May an employer or supervisor play favorites among employees?

It isn’t illegal to have favorite employees or to treat some employees better than others under either federal or Florida law. What is illegal is when that favoritism is based on protected criteria like race, gender, national origin or religion. When one employee has an unfair advantage over another because of these characteristics, it could be grounds for a claim of discrimination.

Read here to learn more about illegal favoritism in the workplace.

What are the minimum wage and overtime laws in Florida?

The federal law governing minimum wages and overtime pay is the Fair Labor Standards Act (or FLSA), which requires employers to pay non-exempt employees the established federal minimum wage for hours worked, plus “time and a half” overtime pay for hours worked over 40 hours a week. Florida’s Minimum Wage Act also provides for a minimum wage for employees working in the state, which is higher than the federal minimum wage.

Read more here to learn about federal and state minimum wages, as well as which types of employees are exempt from overtime pay laws.

What is sexual harassment at work under Florida law?

There are two forms of sexual harassment in the workplace, quid pro quo and hostile work environment. Quid pro quo harassment usually involves a request for sexual favors in exchange for continued employment, a promotion or raise, or other work benefits. Hostile work environment involves severe or persistent use of offensive language, sexual imagery, or physical contact that a reasonable person would find objectionable.

Learn more about each type of sexual harassment here, including examples of each and what your options are for pursuing a harassment claim.

What’s The Difference Between Independent Contractor And Employee Status?

The difference between an employee and an independent contractor is in their relationship with the employer. Employees may be entitled to benefits, including health insurance, retirement plans, contribution to unemployment funds, withholding of taxes and workers’ compensation protection, as well as minimum wage and overtime pay. Independent contractors are typically self-employed, which means the employer has no such obligations to them.

Learn more about the difference between employees and independent contractors as well as possible misclassification claims here.

When do I NOT have a strong Case?

Even if you feel that you’ve been treated unfairly by your employer, you may not necessarily have a strong case. Unfortunately, what may be unfair or unjust may not necessarily be illegal.

Your best course of action in almost every scenario is to speak with an experienced attorney. You can learn more about what makes a strong claim here.

When is harassment illegal?

Unfortunately, there is no law that prohibits your employer from treating you poorly or being mean to you. Harassment only becomes illegal when an employer mistreats an employee because they are part of a protected class, such as gender, age, religion, nationality, among others. Even then, harassment must also be severe or pervasive to violate the law. Occasional racial slurs, dirty jokes, or unwelcome advances don’t necessarily make for a valid harassment claim.

Learn more about what behavior is considered workplace harassment here.