A Forward-Thinking Firm

When can an at-will employee be fired?

On Behalf of | Dec 8, 2020 | Employment Law |

When a worker can be fired is one of the most pertinent questions in family law and concerns the interests of both employers and employees. Sometimes the answer in straightforward and sometimes it isn’t; in fact, it is often jurisdiction dependent as each state regulates the matter differently.

In Florida, all workers are at-will by default unless their employment is governed by an employment contract making them for-cause employees. This is because Florida is an “at-will state.” Therefore, in Florida an employee can be relieved of his duties at the whim of his employer, but with an important exception – the reason for his termination may not violate federal law.

Exceptions to the rule

Federal employment law dictates that no one shall be fired because of their race, religion, or gender and Florida employers, even while dealing with at-will employees, must abide by this law. If this law is violated the employee may file a complaint with the EEOC.

Additionally, Florida employers must still abide by federal regulations such as those related to advanced notice and last paycheck requirements

Issues related to hiring and firing are fertile ground for legal disputes. Like with other disputes within the realm of employment law, there is simply too much at stake to proceed without professional help by your side.

An experienced employment law attorney is familiar with the intricacies of the relevant statutes, and the Byzantine inner workings of government bureaucracy. Their expert analysis can spot issues preemptively before they turn into a lawsuit and, if need be, defend your interests vigorously before in variety of legal forums.