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I believe I was unjustly terminated by my employer in the…

Customer Question
Hello, I believe I...

Hello, I believe I was unjustly terminated by my employer in the state of Florida. Do i have legal options in a "right to work" state?

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

My employer will not give me any documentation related to my termination other than a letter that references my having to contact a lawyer, and request a lawful subpoena.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I am not sure. I work in the state of Florida. I presumed that one would sign documentation upon initial employment that states "at will" status? I was hoping to get documentation such as this from my employer along with termination documents.

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

As a result, I am currently unemployed. Any upfront payments of any type will be an issue at this time.

Submitted: 4 months ago.Category: Employment Law
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Answered in 28 minutes by:
3/19/2018
Employment Lawyer: LegalKnowledge, Attorney replied 4 months ago
LegalKnowledge
LegalKnowledge, Attorney
Category: Employment Law
Satisfied Customers: 32,774
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Good morning. Can you please share with me a little more about the situation and what happened?
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Customer reply replied 4 months ago
Hello, I worked as a warehouse supervisor for OFFICE DEPOT distribution center in Weston Florida. On 02/08/2018 as I entered the work location I was addressed by my manager to step into an adjacent conference room. Our facility's General Manager was in the conference room waiting. At that time I was informed that I was being let go. Shocked, I did ask for accompanied documentation that explained why I was being let go. I was informed to contact the HR department. I was then escorted out the building.
Employment Lawyer: LegalKnowledge, Attorney replied 4 months ago
Thank you and please allow me a moment to respond.
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Employment Lawyer: LegalKnowledge, Attorney replied 4 months ago

Florida is an at-will state, which means an employer may fire, demote, hire, promote and discipline employees for pretty much any reason, or no reason at all. However, there are some situations in which the firing would be illegal and you would have a basis to sue and go after them. This can not be a result of discrimination or retaliation. If you believe this was the case, you could go after them.

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Employment Lawyer: LegalKnowledge, Attorney replied 4 months ago

It is odd that they would tell you that they were just letting you go, without a reason why but they do not have to and if you want to go after them, the burden would shift to you to sue and retain legal counsel, if you feel as though their actions were illegal.

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Employment Lawyer: LegalKnowledge, Attorney replied 4 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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Customer reply replied 4 months ago
Hello - with regards ***** ***** being illegal. In the time I have had to reflect on this event since my termination, I look back at a conversation that my manager at the time had with me in his office the day prior to hurricane Mathew's landfall in Florida 2016. During the conversation, he informed me that he had made a mistake in hiring me 5 months earlier. I did inform fellow supervisors about the conversation immediately afterward. At my end of year review, I was placed on a Personal Improvement Plan that focused on my alleged lack of communication skills. I disagreed with the observations as it was presented to me, but still had to go through the process. During the subsequent review process that lasted many months, the main sticking points were based on perceptions and not fact. This is why I asked for supporting PIP documentation when I was terminated that showed justification for the decision. When I contacted HR for documentation, they sent me the request form that was a copy of someone else's request. As a result I could not use the form, and still do not have access to my documents.
Employment Lawyer: LegalKnowledge, Attorney replied 4 months ago

This would be something that you could obtain, per court order, if you sue. As I shared, they can terminate you for no reason at all and if you think they did so illegally, you can sue them.

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Customer reply replied 4 months ago
How do I begin this process?
Employment Lawyer: LegalKnowledge, Attorney replied 4 months ago

You need to consult with a local employment law attorney and share with them what has happened, over the months and years and see if there is a basis to file a cause of action against them, for this. As I shared, Florida is an at-will state, when it comes to employment. The burden is on you to show you were wrongfully or illegal terminated and if this was related to job performance ( even though you disagree), your claim is going to fail, I am sorry to say. Nothing you shared above indicates a belief that they were discriminating against you or retaliating against you and that is likely what needs to be shown and presented, to go forward. If you have a contract with them, that may change things but if they did not feel you were working out and a good fit, they had a right to terminate you, I am sorry to say.

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Employment Lawyer: LegalKnowledge, Attorney replied 4 months ago

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

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Employment Lawyer: LegalKnowledge, Attorney replied 4 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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