What is wrongful termination in Florida?
Florida is firmly an at-will employment state. The Florida Supreme Court has expressly declined to adopt a public policy tort.
1. At-Will Default
Florida follows the traditional at-will rule. DeMarco v. Publix Super Markets, 384 So. 2d 1253 (Fla. 1980). No just-cause requirement absent a written contract.
2. No General Public Policy Tort
Unlike California, Florida does not recognize a common-law wrongful discharge tort for terminations violating public policy. Hartley v. Ocean Reef Club, 476 So. 2d 1327 (Fla. 3d DCA 1985). Plaintiffs must point to a specific statute.
3. Florida Civil Rights Act — Fla. Stat. § 760.10
Prohibits discriminatory termination based on race, color, religion, sex, pregnancy, national origin, age (40+), handicap, or marital status. Applies to employers with 15+ employees. File with the Florida Commission on Human Relations within 365 days (more generous than federal 300-day rule).
4. Florida Whistleblower Acts
5. Workers' Comp Retaliation — Fla. Stat. § 440.205
Prohibits termination for filing or threatening to file a workers' compensation claim.
6. No Implied Contract from Handbook
Florida courts treat employee handbooks as non-binding policy statements absent specific contractual language. Quaker Oats Co. v. Jewell, 818 So. 2d 574 (Fla. 5th DCA 2002).
7. Federal Statutes
Title VII (300-day EEOC charge), ADA, ADEA, FMLA, and Section 1981 all apply. Florida is a deferral state.
8. Damages
Under § 760.11, plaintiffs may recover back pay, front pay, compensatory damages, punitive damages (capped at $100,000), and attorney's fees.
9. Statute of Limitations
This is legal information, not legal advice.
- You believe you were fired for reporting illegal conduct and need help with the FWA's pre-suit notice rules
- You face a tight 365-day FCHR or 300-day EEOC deadline
- Your termination occurred shortly after a workers' comp filing
- Fla. Stat. § 760.10
- Fla. Stat. § 760.11
- Fla. Stat. § 448.102
- Fla. Stat. § 448.103
- Fla. Stat. § 440.205
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.