Wrongful termination occurs when an employer fires a worker for a prohibited reason (such as discrimination or retaliation). Employees fired for an unlawful reason have the right to seek to hold the responsible parties accountable for their harm.
Since employees must prove they were terminated wrongfully, it makes sense to prepare as much as possible if you take action. Familiarizing yourself with some of the challenges that often arise in proving wrongful termination can help you overcome them.
Lack of documentation
If it’s your word against your employer’s, do not rely solely on your memory of the termination and the events leading up to it. Creating a documented account of what happened can help you prove your case.
Examples include job-related journal or log entries and copies of communications between you and your employer.
Deadlines and time limits
Employees have a limited time to seek a remedy after a wrongful termination. For example, if you believe you were fired due to discrimination, you may only have 180 to 365 days to file a complaint.
Learning about the time limits set by organizations like the Florida Commission on Human Relations (FCHR) can help ensure you file your claim on time.
At-will employment
Florida follows the at-will employment doctrine, meaning employers may often fire workers for any or no reason. However, showing that your boss fired you for a prohibited reason could strengthen your claim. For example, employers cannot fire workers due to their race, religion, disability or gender (among other protected classes).
Proving wrongful termination can be challenging. Learning more about your employment rights and protections under state and federal laws and having experienced legal guidance can improve your chances of success.
