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Wrongful Termination and Illegal Firing

Franks, Koenig, & Neuwelt

Wrongful Termination and Illegal Firing

If you’ve been fired, laid off or terminated from your job, you may wonder if the action was illegal. In many cases, wrongful termination and discrimination or harassment goes hand-in-hand.

Like many other states, Florida is an at-will employment state. That means that Florida employees can be fired for any reason without warning, unless there is a written employment contract to the contrary. However, employers in the state must also follow the federal Fair Labor Standards Act (FLSA) and state labor laws. Among other things, these laws protect employees from any form of discrimination, retaliation or harassment.

Wrongful Termination
When an employee is fired from a job, it’s important for the employee to determine the exact cause of the termination. In many cases, it could be because of unfair treatment. When that happens, the employer has broken federal and state laws set in place to protect workers.

There are several ways employers break laws that are aimed at protecting workers:

  • Discrimination – The FLSA mandates that it is illegal to discriminate against any employee based on gender, race, marital status, disability, religion, national origin or age. These are considered protected classes. In addition, it is illegal to fire, demote or terminate someone because of pregnancy. Although sexual orientation is not explicitly considered a protected class in Florida, many cities and counties statewide do provide some employment protection.
  • Constructive Dismissal – If an employer makes working conditions so unbearable and the employee is forced to resign, it may be considered constructive dismissal or constructive termination. This is a form of discrimination and harassment.
  • Retaliation for Whistle Blowing – If an employee blows the whistle on illegal or dangerous activities in the workplace, it is illegal for the employer to retaliate. Retaliation can mean a demotion, harassment or termination, among other things.
  • Violation of Family or Medical Leave – The federal Family and Medical Leave Act (FMLA) allows workers to take unpaid leave to care for themselves or sick family members. In most cases, this law guarantees the employee’s job security. If the employer disregards FMLA, there can be serious federal and state sanctions.

Other types of wrongful termination include the following:

  • Violation of the state voting-leave laws.
  • Violation of the rights granted by the United States Constitution.
  • Dismissal from military service.
  • Wage garnishment for a single debt.

Seek Help Now
While Florida does not recognize wrongful or illegal termination, there certainly are many ways an employer can violate an employee’s rights. With this, the employee has the right to file a federal and state complaint and file a lawsuit.

If you think you were wrongfully or illegally terminated from your job, contact us today for legal advice. In many cases, you have the right to bring a legal claim against your employer for remedies that could include getting your job back, lost wages and punitive damages. Even if you haven’t been terminated yet but fear you will be, our skilled labor attorneys can help you determine your next step.

Hurt at Work? We Can Help!
Call an attorney at the Law Offices of Franks, Koenig & Neuwelt for a free and confidential consultation today.

Contact us today for a free consultation so we can discuss your situtaion.  It is not only important to talk to an experienced workers’ compensation lawyer when you have been hurt on the job, it is also the best way to make sure that you receive proper medical services and lost wages you are entitled to under the law. After all, the Workers’ Compensation law was created to protect you – the employee.

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Florida’s Most Trusted Workers’ Comp Attorneys

Devin Major
Devin Major
August 9, 2022.
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Best team I had ever working for me I really hope anybody who needs legal advise call them
Gregory Diggs
Gregory Diggs
August 4, 2022.
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I recommend this law firm to anyone with a worker's compensation case. The staff does a great job and they treat you like family. Judd Koenig was my attorney and went the extra mile and then some more securing my a nice settlement of my case.
Cynthia Murray
Cynthia Murray
August 3, 2022.
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Great Attorney thank you Eric Lakind and staff Attentive, friendly, answered ever questions got results when I could not do it myself Cynthia
Naisha Dorvilus
Naisha Dorvilus
August 2, 2022.
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Lisa was my lawyer she asked me questions and was very helpful. She and her team communicated with me about my cause and I'm super happy with her service.i will definitely recommend her and her company
Jaime Ieli
Jaime Ieli
July 29, 2022.
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My husband was hurt and never dealt with an attorney before. He looked up attorneys online & thru the grace of God got Lissa Dorsey as his attorney & she was truly amazing! She was very involved, always returned our phone calls & made the whole process as easy for us as she possibly could while my husband treated with Dr's and started his healing process. I would recommend her to any & everyone without a doubt.
Evelin Hernandez
Evelin Hernandez
July 21, 2022.
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Best law firm in Palm Beach County, Lisa and Kim were the best. I recommend this law firm to everyone.
Tammy Dault
Tammy Dault
July 20, 2022.
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Wasn't sure how it would work with me being in one town and lawyer in another but it all worked out in the end thank you for all your hard work.
Brandon moore
Brandon moore
July 19, 2022.
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Great understanding lawyers! They were great in getting me a fair settlement and quick to respond to any questions I had. Thanks Kim and Lisa!
john heller
john heller
July 12, 2022.
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They were always responsive to my calls did an excellent job of getting everything I needed. When it came time To settle my case Andy and J did an excellent job I’m very happy with the outcome and very happy with this law firm I would highly recommend them!!!!

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Why Choose Us

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Experience

A combined 100 years of experience in work-related injuries 

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We know how to fight insurance companies

We make sure you are not taken advantage of, even when powerful insurance companies who are notorious for trying to deny your care.

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A Passion For Advocacy

Every person on our team has a passion for helping people and fighting for their rights.