Fort Lauderdale Wrongful Termination Lawyer
Losing your job can be emotionally and financially devastating, leaving you uncertain of your next steps. The frustration can increase when the termination is due to a discriminatory bias or other unlawful cause. This can result in wrongful termination cases to protect employee rights. Whether you are an employee or employer dealing with claims of illegal termination, a Fort Lauderdale wrongful termination lawyer can help you uphold the law and your rights.
The Law Offices of Gary A. Costales, P.A.: Exceptional Employment Law Firm
When termination of employment breaks contracts, discrimination laws, or other laws, this wrong must be fairly righted. You may be an employee suffering the financial fallout of a job loss, or you may be an employer facing claims of wrongful termination. The right attorney can help you navigate this claim, protecting an employee’s rights and helping employers limit the consequences of a wrongful termination claim and prevent future issues.
At the Law Offices of Gary A. Costales, P.A., we are board-certified experts in employment and labor law and are dedicated to dependable legal representation. We have experience in federal employment law, including work in the Equal Employment Opportunity Commission. Our team helps employees protect their rights and recover the compensation that they are owed. We also help employers avoid litigation when possible and quickly resolve the situation fairly.
Call For A Free Telephone Consultation
Call (786) 446-7288 for a free telephone consultation with our office or use our contact form to tell us more about your situation.
Not all job losses result in a valid wrongful termination case. Our firm can review a situation to determine if a claim has merit.
What Is Wrongful Termination in Fort Lauderdale?
Florida, like most states, is an at-will employment state. Under this law, employers and employees have the right to end their employment relationship at any time, for any reason. In practice, this protects employers more than employees, providing less job security. Wrongful termination cases are not recognized as a type of claim in Florida, generally speaking, because employers can fire an employee for nearly any reason or no reason at all.
However, employers are not allowed to fire their employees for illegal reasons. There are several types of cases where an employee can pursue a claim for termination based on illegal reasons, including for a breach of contract or termination as retaliation.
Basis for a Wrongful Termination Claim
The primary causes for potential wrongful termination cases include employment discrimination and harassment. If you are fired on the basis of a protected characteristic, that is illegal. Protected characteristics include race, sex, gender, religion, pregnancy, age, national origin, marital status, disability, and genetic information.
It is illegal under state and federal law to have your job terminated on a discriminatory basis. It is also illegal for an employer to terminate your employment due to quid pro quo sexual harassment. While these cases can be difficult to prove, the right attorney can be a great help.
Employment Retaliation
Wrongful termination cases can also be filed when an employer fires you because you take a protected action. This protected action can take several forms:
- You reported a violation of your rights in the workplace, such as discrimination or harassment, through your company’s HR or other system.
- You refused to engage in illegal activities for your employer.
- You were a whistleblower on illegal actions, fraud, safety dangers, or rights violations in the workplace.
- You filed a claim for wage and hour violations, harassment or discrimination, or other rights violations with the relevant state or federal agency.
- You filed a workers’ compensation claim.
- You took job-protected medical leave.
There may be other actions that are protected, and which it is illegal to fire you for. An experienced attorney can review your situation to determine if you have the basis for a wrongful termination case on the basis of illegal retaliation.
Breach of Contract
Wrongful termination cases may also occur due to a breach of your employment contract or a collective bargaining agreement. These agreements may state the guidelines and process that an employer must follow when it fires an employee. If your employer failed to follow the terms of the agreed-upon contract, then you have the grounds for a wrongful termination case.
FAQs
You only have a wrongful termination claim if it happened due to a contract violation or a violation of employee rights under state and federal laws. Losing your job for other reasons does not qualify as wrongful termination.
Your employee rights may have been violated if you were fired due to at-work discrimination or harassment based on your age, race, genetic information, religion, gender, and other characteristics, or you were taking a protected action, such as acting as a good-faith whistleblower.
The average settlement for wrongful termination in Florida depends on the basis for the wrongful termination, the financial losses the employee suffered, and other factors. Every claim for a wrongful termination is unique, and so are the losses you can retain. This may include back pay, which you should have earned, and the noneconomic losses from mental distress.
The value of a settlement will also differ based on whether you work with an attorney and how skilled that attorney is.
It can be complex to win a wrongful termination lawsuit, as many employers will provide alternate reasons for the termination, and it can be difficult to prove that the real reason was discrimination or retaliation.
You are much more likely to have a successful wrongful termination claim with the help of an attorney. Not all wrongful termination cases go to court, and many are settled in negotiations for reasonable compensation. An attorney can also help determine the necessity of court.
- Whether the attorney charges an hourly fee, flat fee, or contingency fee.
- The attorney’s experience and success rate with wrongful termination cases.
- If the case is settled outside of court or goes to trial, and the court costs.
- How complex your case is, including the resources needed to investigate and defend it.
- The duration of your case.
- The location of the attorney’s firm and the firm’s unique policies.
Navigating a Claim of Wrongful Termination
If you are an employee or an employer dealing with a wrongful termination claim, the Law Offices of Gary A. Costales, P.A., can help protect your interests. Contact us today.
