Orlando Wrongful Termination Lawyer

Orlando Wrongful Termination Attorney

It’s never easy to lose your job. It can be even more difficult to lose your job when it happens for the wrong reasons. If you were terminated for unlawful reasons, an Orlando wrongful termination lawyer can help you seek the justice you deserve. Employers are not allowed to terminate you for illegal reasons, even if they are an at-will employer. The Law Offices of Gary A. Costales, P.A. can help.

What Is Wrongful Termination?

Wrongful termination, also known as wrongful discharge or wrongful dismissal, is a situation in which an employee is dismissed from their job for reasons that are illegal, violating federal or state law. The firing may also breach an employment contract or contravene clear public policy,

Florida is an “at-will” employment state. This means that an employer may discharge an employee for any or no reason and still be acting within the law. There are several exceptions to Florida’s at-will employment law. These exceptions prohibit employers from firing employees for an unlawful purpose, such as retaliation or discrimination.

Wrongful termination often arises from an employer retaliating against an employee for exercising a legal right, such as filing a complaint, reporting discrimination, or participating in a protected investigation. The firing not only constitutes unfair treatment but also breaks the law.

While specific wrongful termination statistics are not readily available, the EEOC received 81,055 charges of discrimination in fiscal year 2023, representing a 10% increase from the prior fiscal year and the largest number of charges filed since 2017. The most frequently alleged basis of discrimination in 2023 was retaliation, which was charged in almost 60% of all complaints.

Common Examples of Wrongful Termination

Wrongful termination isn’t always clear-cut. Employers often disguise illegal firings as performance-based or part of a restructuring, even though the real reason is that it violates state or federal law. Some common examples of wrongful termination include:

• Retaliation for reporting harassment. This includes firing an employee for speaking up against harassment, discrimination, or other inappropriate behaviors.
• Termination after filing a complaint. This is especially common for those who file wage complaints. If you were fired after reporting unpaid overtime or wage theft, you may have grounds for a claim.
• Termination after requesting FMLA. The Family and Medical Leave Act (FMLA) protects employees who need time off for medical or family-related reasons. Terminating someone for taking legally protected leave is legally disallowed.
• Discrimination based on protected characteristics. State and federal law protect workers against unfair treatment based on protected characteristics, such as race, religion, sexual orientation, or disability.

Don’t let illegal termination go unanswered. Call us to protect your rights and fight for compensation.

Orlando Wrongful Termination Laws

Florida is an at-will employment state. However, this does not mean an employer can fire an employee for an illegal reason. There are numerous state and federal laws that address employee protection from wrongful termination, particularly in cases of retaliation, discrimination, or violation of protected leave.

Title VII of the Civil Rights Act of 1964, a powerful piece of federal employment legislation, prohibits employers from firing an employee because of their race, color, religion, sex, or national origin. Title VII gives you grounds for a claim if your termination resulted from reporting discrimination or harassment, or because of your identity.

Florida also has a Private Whistleblower Act that protects employees who report or refuse to engage in illegal activities. Employers are not legally allowed to retaliate against you for doing the right thing. Orlando is home to large employers like Walt Disney World Resort, Orange County Public Schools, and AdventHealth, all of which must follow Orlando’s wrongful termination laws.

It can be confusing to determine which law applies in your particular situation. It is essential to consult with an experienced Orlando wrongful termination attorney who can thoroughly evaluate your case, inform you of your rights, and explain the relevant laws, including those related to Orlando wrongful termination and federal regulations.

Hire a Wrongful Termination Lawyer

If you suspect that you were terminated for illegal reasons, you must be strategic about what you do next. How you respond after being terminated greatly influences your chances of success in a wrongful termination claim. Hire a wrongful termination lawyer to guide you.

Do not sign anything, especially a severance package, without first consulting an attorney. Severance agreements often include waivers that prevent you from filing a claim, even if you were fired for unlawful reasons. Your employer may make you an offer of money in exchange for your silence, but it may be significantly less than what your claim is worth.

Collect evidence. Conserve all relevant communication materials, including emails, text messages, voicemails, and internal memos that substantiate your claim of wrongful termination. The combination of performance reviews with disciplinary records and witness statements may serve as key evidence to show your termination was based on an illegal pretext or retaliation.

Compensation You Can Recover

You should be able to demand more than an apology if you have been wrongfully terminated. Florida and federal law provide several remedies for victims of illegal firings, and these include the ability to recover money for the harm that you have suffered. The amount may depend on the facts of your case, but typical damages include:

• Back pay. This includes any missed wages resulting from termination.
• Front pay. This includes any future missed wages, especially if it is not possible to reinstate your previous position.
• Emotional distress. If you suffered mental despair from the wrongful termination, you may be able to receive compensation.
• Reinstatement. In some cases, you may be able to return to your previous job.
• Legal costs. You may be able to be reimbursed for attorney’s fees and other associated legal costs.
• Punitive damages. Although rare, these damages are sought to punish particularly heinous behavior, in an effort to deter it from happening again.

Fighting Against Wrongful Termination Defenses

Most employers do not explicitly admit to firing someone improperly. In the great majority of cases, an employer may provide a seemingly legitimate reason for their actions and hope to avoid repercussions. It is therefore very important to understand what defenses an employer can raise, since even if the real reason is illegal, it can be disguised as a more acceptable one.

One popular defense is poor performance. According to your employer, your dismissal may have resulted from inadequate work quality or repeated failure to complete tasks on time. You may combat this by showing a lack of negative performance reviews or the presence of only positive ones.

Downsizing or restructuring is another common excuse. The company may claim your position was eliminated for business reasons. If you find that you were the only one terminated and then subsequently replaced, this can serve as evidence for wrongful termination. Additionally, some employers use violations of policies or broad personality conflicts as a defense.

The Law Offices of Gary A. Costales, P.A., knows how to reveal proof that can expose false claims as fraudulent. We can investigate performance records, timelines, internal documents, and the treatment of other employees in similar circumstances. If the employer’s explanation does not align with the facts or if their reason changed suddenly after you exercised a protected right, it may be a pretext, or a cover-up for an illegal reason.

Why Choose the Law Offices of Gary A. Costales, P.A.?

The Law Offices of Gary A. Costales, P.A., is seasoned in handling complex wrongful termination cases in Orlando and throughout Florida. As a board-certified employment attorney and former EEOC Trial Attorney, Gary A. Costales possesses the experience and knowledge to effectively challenge illegal firings. We can fight for you through negotiation and litigation, offering personalized legal assistance with a focus on results, transparency, and care.

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If you have been wrongfully terminated, the Law Offices of Gary A. Costales, P.A. can help you seek the justice you deserve. Contact us today to get started.