Employment Law

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Can someone who has worked for a company here in FL be fired…

Customer Question
Can someone who has...

Can someone who has worked for a company here in FL be fired with no warning, no write ups, and the reason being "failure to follow company policy'?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Florida is a "right to work" state.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He has worked for this company for 14 years without an issue.

Submitted: 7 months ago.Category: Employment Law
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Answered in 1 minute by:
10/6/2017
Employment Lawyer: KLAW, Lawyer replied 7 months ago
KLAW
KLAW, Lawyer
Category: Employment Law
Satisfied Customers: 2,211
Experience: I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
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Employment Lawyer: KLAW, Lawyer replied 7 months ago
although Florida is considered to be an "at will" state which means that an employer can fire an employee without a reason, when there is no written or verbal contract for employment, there are many exceptions to the rule.Determining if your friend is under in of the exceptions and if they qualify for one of these exceptions, and whether they may have a case against the employer would require a consultation with a local attorney in person.There is no substitute for an in-person consultation and I would recommend you seek out a board-certified labor-employment lawyer.I hope this clarifies. Please don't forget to rate the question with stars so that I will receive credit and payment for assisting you with your question.
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Employment Lawyer: KLAW, Lawyer replied 7 months ago
Additionally, for the at-will employee, there is no claim under Florida law for "wrongful termination" per se, as I stated above, because the employer can terminate the employee at any time, for any reason or for no reason at all. The employer's reason for termination, if provided at all, may be unfair, unethical, immoral, poor judgment, based on a mistaken belief or a bad business decision. This is the general rule in Florida and most of the United States.There are, however, a number of "exceptions" to the general "at will" rule. Specifically, there are federal, state and local laws that prohibit an employer from taking adverse action, including termination, against an employee based on certain protected characteristics or protected conduct. For example, an employer cannot take adverse action based on an employee's race, national origin, sex, age, religion, genetic condition, marital status, sexual orientation or disability. Additionally, the employer may not take adverse action against an employee for engaging in protected conduct including complaining about discrimination or sexual harassment, whistleblowing, claiming or attempting to claim workers' compensation benefits, taking leave time under the Family and Medical Leave Act, serving on a jury, participating in an investigation regarding discrimination, or serving as a witness in a discrimination or retaliation claim of another employee, and complaining about minimum wage and overtime violations.Most employment laws that prohibit adverse action, including termination based on protected characteristics or protected conduct provide for the recovery of damages, such as lost wages, lost benefits, compensation for non-economic injuries (like mental anguish, embarrassment, humiliation and emotional pain and suffering), punitive (punishment) damages, attorney's fees and costs.
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Employment Lawyer: KLAW, Lawyer replied 7 months ago
If you have any other questions please just ask
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