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What is wrongful termination in Florida?

Federal & State Law Editorial TeamLast reviewed: 2026-05-02

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

  • Private-sector Whistleblower Act — Fla. Stat. § 448.102: Prohibits retaliation against an employee who (a) discloses a violation of law to a government agency, (b) provides information to an investigation, or (c) refuses to participate in a violation of law. Employee must give the employer written notice and a reasonable opportunity to correct before disclosing externally.
  • Public-sector Whistleblower Act — Fla. Stat. § 112.3187: Protects government employees.
  • 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

  • FCRA: 365 days to file charge with FCHR.
  • Whistleblower § 448.103: 2 years.
  • This is legal information, not legal advice.

    When to Talk to a Lawyer
    • 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
    Related Statutes & Laws
    • 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.