Can I sue for wrongful termination in Florida?
1. At-Will Default
Florida is firmly at-will. DeMarco v. Publix Super Markets, Inc., 360 So.2d 134 (Fla. 3d DCA 1978), and subsequent decisions reject a common-law wrongful discharge tort.
2. Public Policy Exception
Florida courts decline to recognize a Tameny-style public-policy tort (Hartley v. Ocean Reef Club, 476 So.2d 1327 (Fla. 3d DCA 1985)). Public policy claims must be anchored in a specific statute.
3. Implied Contract
Generally rejected; handbooks with at-will disclaimers control. Muller v. Stromberg Carlson Corp., 427 So.2d 266 (Fla. 2d DCA 1983).
4. Implied Covenant of Good Faith
Not recognized for at-will employment.
5. Statutory Discrimination Claims
Florida Civil Rights Act (FCRA), Fla. Stat. § 760.10, mirrors Title VII and adds marital status. Enforced by Florida Commission on Human Relations (FCHR); charge filed within 365 days. EEOC charge within 300 days. Title VII, ADEA, ADA, GINA apply.
6. Retaliation Statutes
Fla. Stat. § 448.102 — Private Whistleblower Act (must report violation of law, regulation, or rule; written notice required for some claims). § 112.3187 — Public Whistleblower Act. § 440.205 — workers' comp retaliation. § 760.10(7) — FCRA retaliation.
7. WARN Act
No Florida mini-WARN. Federal WARN applies.
8. Damages
FCRA: back pay, compensatory, punitive (capped at $100k under § 760.11). Whistleblower: back pay, reinstatement, attorney's fees, lost benefits, compensatory damages.
9. Statute of Limitations
FCHR charge: 365 days; FCRA suit: 1 year after FCHR determination or 4 years if proceeding directly (per case law); § 448.102: 2 years (4 years for civil suit); § 440.205: 4 years.
This is legal information, not legal advice.
- You were fired after reporting illegal employer activity to a supervisor or agency
- You filed a workers' compensation claim and were terminated within 90 days
- You faced discrimination based on a protected characteristic under FCRA or federal law
- Fla. Stat. § 760.10 (FCRA)
- Fla. Stat. § 448.102 (Whistleblower Act)
- Fla. Stat. § 112.3187 (Public Whistleblower)
- Fla. Stat. § 440.205 (WC retaliation)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.