If your boss laid you off or fired you and said there is nothing you can do about it because Florida is an “at-will” employment state, think again. Florida law does not guarantee you a job, which means you can be the hardest worker in your office and still lose your job. You will want to talk with a Melbourne wrongful termination lawyer about whether you have a valid claim.
“At-will” employment does not give your boss a free pass to lay off or fire employees wrongfully. If you have a collective bargaining agreement or employment contract, your employer must follow that document’s terms. For example, if you can only be fired for cause, your boss must have an acceptable reason under the contract. Also, adverse employment actions based on illegal discrimination are against the law in Florida.
Types of Compensation in Melbourne, FL, Wrongful Termination Cases
Monetary damages in wrongful termination claims are determined on a case-by-case basis. The facts of your situation will control what kinds of compensation you can pursue.
Lost Income
When you get fired, you do not collect paychecks. Most Americans work for a living and need a paycheck. You will likely experience financial hardship if your income suddenly disappears. If your termination violated the law, you might be able to collect the income or salary you missed.
In addition to your usual paycheck, you might have received bonuses, raises, or promotions if you had been able to stay on the job. These losses could be a part of your compensation claim.
Lost Health Insurance and Other Employer Benefits
Health insurance is out of reach for many people unless they have group health insurance through their job. When you lose your job, you also lose the insurance. You might be able to keep health insurance through COBRA, but at an astronomical cost.
Employers often match employees’ contributions to their 401(k) accounts up to a certain limit. If you lose your job, you cannot contribute to your retirement account through pre-tax payroll deductions or receive the “free money” of an employer match.
Eligibility for Benefits Based on Employment
Workers’ compensation can provide partial replacement of your usual wages and medical treatment through your employer’s workers’ compensation insurance coverage. You might miss out on these and other valuable benefits if you no longer work for the employer where you got sick or hurt.
Miscellaneous Out-of-Pocket Costs
Losing your job could cause you to incur other expenses. If your firing was improper, you might be able to recoup these expenses.
You can talk with a Melbourne employment litigation attorney at our firm about other losses you have experienced that might be recoverable through your claim.
To consult with an experienced wrongful termination lawyer serving Melbourne
855-780-9986
Evidence That Could Prove Your Melbourne Termination Was Wrongful
The type of wrongful action your boss took when improperly laying you off or firing you will determine the kinds of evidence that we might use to prove your case. For example, common documents and testimony we can use in these claims include:
- Work schedules
- Paychecks
- Collective bargaining agreement or employment contract
- Performance evaluations and reviews
- Testimony of co-workers and previous employees
- Notes, letters, emails, and text messages
- Employee handbook
- The form your boss or Human Resources (HR) gave you when you got laid off or fired
Our employment lawyers thoroughly investigate all wrongful termination cases we handle in Melbourne. We might uncover additional relevant evidence we can use in your claim.
Examples of Wrongful Termination in Florida
Here are just a few examples of conduct that could constitute an unlawful adverse employment decision:
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- Florida Statutes § 440.205 says that it is against the law to fire a worker for filing a valid workers’ compensation claim.
- Letting an employee go because of their gender, race, ethnicity, religion, disability, age, or another other protected class is illegal discrimination in the workplace.
- Taking an adverse employment action like termination in retaliation for the worker reporting or complaining about improper, unfair, or illegal behavior at the place of employment can violate the law.
- When an employee has an employment contract or has the protections of a collective bargaining agreement, the employer must comply with the terms of the document. They cannot fire the employee except under the circumstances specified in the agreement. It is improper to fire a worker for a reason not allowed under the agreement.
You might want to talk with a wrongful termination lawyer who serves the Melbourne, FL, area to see if your circumstances could qualify for legal relief.
Melbourne Wrongful Termination Lawyer Near Me
855-780-9986
How Soon You Need to Take Legal Action for a Wrongful Termination Claim in Melbourne
You cannot wait very long to take legal action for a wrongful termination claim. According to the U.S. Equal Employment Opportunities Commission (EEOC), some improper firing cases must be filed in as little as 180 days.
If you miss the filing deadline, you could forever be barred by the law from ever seeking monetary damages for your losses from a wrongful termination. Deadlines can be strict and confusing, so you will want to talk with a lawyer about your case as soon as possible.
The Benefits of Working with a Melbourne Wrongful Termination Attorney on Your Case
It could be to your advantage to work with our lawyer on your Melbourne wrongful termination claim, particularly if your employer was a large corporation or had business liability insurance. These companies defend against these claims aggressively to avoid getting bad publicity and having to pay money to settle cases.
After we talk to you and you become a client, we will:
- Build your case through relevant evidence.
- Investigate your allegations.
- Gather the documents that support your claim.
- Talk to coworkers and other parties who might be able to provide helpful testimony.
- Evaluate the legal issues presented by the facts of your claim.
- File the appropriate administrative action with the Equal Employment Opportunity Commission (EEOC) or another government agency.
We might have to file a lawsuit to get them to take your case seriously, but we will make every reasonable effort to reach a fair settlement. Most cases settle out of court.
You can reach out to Bogin, Munns, & Munns today to talk about your wrongful termination claim.
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