A question is frequently posed regarding whether an employee's termination from employment may have been wrongful. Most of the law of employment is state law and, accordingly, the law of the particular state whose laws govern the employer-employee relationship would need to be applied to the facts of the case. This is the state of the place of employment, unless there is a written contract of employment stating otherwise.

Florida follows the "at will" doctrine. Under this doctrine, an employee's employment is terminable at any time by the employer - - - for any reason or for no reason at all, without any obligation to pay wages past the date of termination.

In Florida, there are exceptions to this principle for employment contracts, discrimination cases and for those who blow the whistle on employer misconduct.

First, if the employee has an employment contract or collective bargaining agreement, those express terms would be applied to determine the employee's rights. Florida does not normally recognize and enforce the terms of an employee handbook.

Second, an employee may not be discharged in violation of his or her rights under specific statutes which prevent discrimination on the basis of age, disability, race, religion, gender or national origin.

Lastly, Florida views as unlawful the discharge of an employee who "blows the whistle" on his employer's illegal activities. Again, the burden will fall on the employee to demonstrate that his discharge was improperly motivated.

In Florida, a state administrative agency is responsible for processing discriminatory discharge claims brought under both state and federal law. Many municipalities have an equivalent agency. A person who believes that his employment was terminated in violation of law should consult with his state's commission on human rights as well as the municipal equivalent. It is best to consult an attorney during this process.

Because the law of wrongful discharge is complex and detailed, a person who may have valuable rights affected by such laws should consult with an attorney who practices in that area. The foregoing should not be construed as legal advice, which can only be given by an attorney who is admitted to practice in your state, to whom you pay a fee, and who in return undertakes to protect your rights and to explain your responsibilities. Hopefully, this has answered a few of your general questions. We at Staack, Simms & Hernandez thank you for visiting our website. Please phone, write or e-mail if we can be of any further service to you.