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Orlando, Florida Wrongful Discharge / Employment
Law/ Lawyer / Attorney
Under Florida law, an individual can be fired
for any reason. Employees in Florida who are
employed without contracts are considered to be
at-will, meaning that they can be dismissed at
the discretion of their employer at any time and
for any reason. The federal and state
employment discrimination laws essentially
provide an exception to the employment at-will
doctrine.
Employment discrimination is the unlawful use of
age, race, gender, color, national origin or
religion to deny an individual either an
opportunity to work or to work under the same
conditions as others. One must be able to prove
that (1) he or she is a member of a protected
class; (2) discrimination was evident in the
terms or conditions of employment; and (3) as a
result damages were suffered.
An essential requirement to pursuing an action
for employment discrimination is the filing of a
complaint with either the
Equal Employment
Opportunity Commission (EEOC)
or the Florida Commission on Human Relations ("FCHR").
Although it is not necessary to consult with an
attorney before contacting the
EEOC or
FCHR,
lawyers can assist in making a determination
whether or not to file a charge with the
EEOC or
the
FCHR.
Retaliation is a form of revenge against an
employee who had previously taken steps seeking
to enforce his or her rights protected under
state or federal law. The laws prohibiting
discrimination in the work place also prohibit
any retaliatory action being taken against an
employee by an employer because the employee has
asserted rights or made complaints under those
laws. So, even if a complaint of discrimination
against an employer is later found to be invalid
or without merit, the employee cannot be
penalized in retaliation for having made such a
complaint if the employee made the complaint as
a means of seeking to enforce what the employee
believed in good faith to be his or her lawful
rights.
In order to prevail on a claim of retaliation,
the employee must prove by a preponderance of
the evidence: First: That he or she
engaged in statutorily protected activity, that
is, that he or she in good faith asserted claims
or complaints of discrimination prohibited by
state or federal law; Second: That an
adverse employment action then occurred;
Third: That the adverse employment action
was causally related to the employee's
statutorily protected activities; and Fourth:
That the employee suffered damages as a
proximate or legal result of such adverse
employment action.
My staff and I welcome you to our office. My
fees, which are based upon my knowledge, skill,
and the complexity of your legal matter, will be
consistent with the high quality service you
will receive. When you retain me, I work for you
and for your best interests. You can feel free
to call upon me or my staff at any time to
impart information or to seek answers to your
questions.
For a confidential
consultation regarding potential employment
dispute cases, contact the Law Office of N. James
Turner, Esq., P.A. at
(407) 422-6464
The hiring of a lawyer is an important decision
that should not be based solely on
advertisements. Before you decide on the hiring
of a lawyer, you should learn about the lawyer's
qualifications and experience.
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