Sometimes an employee’s firing represents a legal violation of public policy. Public policy laws relate to things that the public perceives as ethically inappropriate and morally reprehensible. Public policy laws relate to ethics and morality, so sometimes they are interpreted in different ways from attorney to attorney, judge to judge and state to state.
Nevertheless, there are a few things that Miami employees can rely on when it comes to evaluating whether the termination of their employment represents a violation of public policy. Let’s take a look at some of the most common public policy violations employment law attorneys see in the state of Florida.
— Refusal to commit an illegal act: If an employer asks his or her employee to violate the law in any way, then the employee has every right and a moral duty to disobey and refuse to violate the law. Terminations resulting from a refusal to break the law are unlawful and employees can fight back when this happens to them.
— Complaining about illegal actions: Employees who complain to their superiors about an illegal activity that is taking place on the job are protected from being fired. Laws that protect employees who notify their superiors about illegal activities are known as “whistleblower” laws.
— Terminating an employee after he or she benefits from an employment right. In certain circumstances, employees have the right to take permissible family leave, like after a baby is born. Employees may also be able to take leave following a serious injury. If an employee loses his or her job after benefiting from an employment right like this, it will certainly represent a wrongful termination.
If you or a loved one have been affected by a wrongful termination that represents a violation of public policy, legal claims can be made in court. If successfully navigated, wrongful termination victims can seek financial compensation for lost wages and other damages.
Source: FindLaw, “Wrongful Termination Laws: Illegal Reasons,” accessed Jan. 19, 2017
