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Preventing Wrongful Termination Lawsuits
One of the downsides of owning your own company is that there will inevitably be situations where you will need to fire an employee. Unfortunately, no matter how valid the reason for that termination is, there are employees who will take legal action against their former employer, claiming wrongful termination.
These lawsuits usually include a request for financial compensation for losses the employee claims they suffered because of being fired. Given how damaging these types of legal actions can be to a company, both financially and to its reputation, it is important to understand what types of actions can trigger a lawsuit and how a Florida employment lawyer can help you avoid them.
On What Grounds Can a Wrongful Termination Lawsuit Be Filed?
Under Florida employment law, most employees are considered “at-will.” This means that an employer is legally able to terminate an employee at any time and for any reason as long as the action does not violate employment laws. Exceptions to that rule are if the employee is working under either a union or employment contract.
Legitimate reasons for a wrongful termination lawsuit include:
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Protected status – It is illegal for an employer to treat an employee differently because of the employee’s age, disability, national origin, race, religion, or sex. If the termination was based on one one of the protected statuses, it can be valid grounds for a wrongful termination lawsuit.
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Whistleblower retaliation – An employer is not allowed to fire an employee as retaliation because the employee reported a safety issue or violation of law. For example, if the employee reported the company to authorities for violating environmental regulations, they cannot be fired for that action. Employees are also protected from termination for reporting incidents of sexual harassment – either affecting the employee directly or harassment directed at others.
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Filing a workers’ compensation claim – An employer cannot fire an employee because they filed a workers’ compensation claim due to an occupational injury or illness.
Protecting Against Wrongful Termination Claims
In order to ensure that your company is protected from the risk of losing a wrongful termination claim by a disgruntled ex-employee, it is important to have the following things in place:
Make sure the company has clear and concise policies and procedures in place. This includes job expectations, a code of conduct, disciplinary actions, and termination procedures. All this information should be included in an employee handbook that every employer is given.
Document the employee’s performance, violation of policies, misconduct, and any disciplinary actions taken. This documentation will be critical evidence to justify terminating the employee should they file legal action.
If you do need to take disciplinary action against an employee, it is important to follow a consistent process with all employees that adhere to company policies.
Contact a Florida Employment Attorney for Legal Help
If your company is facing a wrongful termination lawsuit filed by a former employee, do not delay in contacting one of our skilled Broward County employment lawyers to find out what legal options you have for fighting the claim. Call The Elliot Legal Group, P.A. at 754-332-2101 to schedule a confidential consultation.
