Losing a job is a challenging experience, especially when you suspect an unjust termination.
In Florida, employees have certain rights that protect them from wrongful termination. Understanding how to prove wrongful termination can empower you to seek justice if you believe you have been unfairly let go.
1. Employment policies and handbook
Review your company’s employee handbook and policies. If your termination violates any of these written guidelines, it could help prove wrongful termination. Keep in mind that discrepancies between the stated policies and the actions taken by your employer greatly impact your case.
2. Discrimination and retaliation
Wrongful termination occurs if fired due to discrimination based on characteristics including race, gender, religion or disability. In 2022, the Equal Opportunity Commission received 73,485 new discrimination charges, nearly a 20% increase over the previous year. Additionally, if your termination happened in retaliation for actions, such as reporting harassment or unsafe working conditions, it might fall into the wrongful category.
3. Unlawful reasons
Florida law prohibits employers from terminating employees for reasons that go against public policy. If fired for refusing to participate in illegal activities or for reporting unlawful behavior, you might have a case for wrongful termination. Collect any correspondence that supports your claim.
4. Breach of contract
If you had an employment contract that specified the terms and conditions of your job, a termination that violates these terms could be wrongful. Keep a copy of your contract and highlight sections that pertain to termination.
When faced with a potential wrongful termination case, gather and organize all relevant documents. These might include employment contracts, performance evaluations, emails and any communications related to your job. This documentation can serve as solid evidence to support your claim.