who is the best wrongful termaination lawyer in florida

Full Answer

What qualifies as wrongful termination in Florida?

An employee may file a claim of wrongful termination against an employer if he or she believes the termination was based on one or more protected characteristics such as: age, race, sex, national origin, disability, gender, pregnancy, color or for complaints about harassment or discrimination.

How much is a wrongful termination lawsuit worth in Florida?

between $5,000 and $8,000However, statistics demonstrate that an average wrongful termination settlement in Florida usually falls between $5,000 and $8,000. It is worth noting that cases involving jury awards tend to get higher rewards, which can increase as high as $350,000 depending on the lawsuit.

How do I prove wrongful termination in Florida?

Proving Wrongful TerminationWorkers' Compensation Retaliation Claim Filing.Hostile Work Environments Tolerating Sexual Harassment.Age Discrimination.Race Discrimination.Wage and Hour Disputes.Unpaid Overtime.Whistleblowing.Family and Medical Leave.More items...•

Is a wrongful termination suit worth it?

In general, readers who had a wrongful termination claim against a large employer (with more than 100 employees) received an average of $43,400 in compensation—almost twice as high as the average for readers who'd worked for smaller employers. Large employers may simply have the money to offer higher settlements.

How do you prove wrongful termination?

To prove a case of wrongful termination, the fired worker generally has to show that the employer's stated reason for the discharge was false, and that the termination was for an illegal reason. That illegal reason is generally unlawful retaliation, discrimination, a breach of contract, or a violation of public policy.

What is a fair settlement for unfair dismissal?

One and a half weeks' pay for each year of employment after age 41; One week's pay for each year of employment between ages 22 and 40; Half a week's pay for each year of employment under the age of 22.

How long does a wrongful termination case take in Florida?

Most cases settle right before or after the parties start taking depositions. This puts us at about 3-5 months after you file your case in federal court. And about a year or so after you filed your charge with the EEOC.

Can you sue a company in Florida for wrongful termination?

Wrongful termination as a claim generally does not exist in Florida, but there are exceptions. 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.

Can you sue for unlawful termination?

First, you can claim that you were wrongfully dismissed and ask for the amount of money which equals the notice period you were entitled to. Second, if your employer fired you in a way that was cruel or humiliating, and because of this you suffered mental distress, you can ask for special compensation.

What are the chances of winning an EEOC case?

Only 2% of EEOC charges result in action. While a company may want to take the risk to represent itself in front of the EEOC, that 2% risk may lead to a substantial penalty and money judgment that can bankrupt a company.

What is the average settlement amount for a hostile workplace?

According to EEOC data, the average out-of-court settlement for employment discrimination claims is about $40,000. Studies of verdicts have shown that about 10% of wrongful termination cases result in a verdict of $1 million or more.

How often do employers settle out of court?

We often find that in order to force the parties to reach settlement issuing a claim in the Employment Tribunal is a good move. However, around 95% of cases settle before the full hearing at an Employment Tribunal.

Florida Employment Lawyer

Florida is an at-will employment state, meaning your employer can lay you off for any reason or no reason, provided it is not an illegal reason such as discrimination or retaliation. If your employer’s reason for firing you falls into one of those buckets, you may be eligible for a wrongful termination claim.

Wrongful Termination FAQs

There are many illegal reasons for termination that could form the basis for a wrongful termination claim.

What does it mean to be wrongfully terminated?

To be wrongfully terminated is to be fired for a reason that is against the law. If your employer dismisses you for discriminatory reasons, for exercising certain workplace rights, or in breach of an employment contract, you may have grounds for a wrongful termination lawsuit.

What is termination grounds in Florida?

The people who get dismissed often don’t deserve it, but at what point is a termination grounds for legal action? In Florida, employment is “at-will,” meaning an employer can generally end a work relationship at any time, with or without reason or warning.

What to do if you are wrongfully dismissed from your job?

If you believe you may have been wrongfully dismissed from your job, contact a wrongful termination lawyer at one of our Florida offices. You may be entitled to compensation for your losses.

Is Florida an at will state?

Because Florida is an at-will employment state, employers have significant discretion in firing decisions. However, state and federal labor laws afford workers certain protections. You may have been wrongfully terminated if any of the following situations led to your dismissal.

Jesse Hoyer-Estes

Experienced in securing justice for employees terminated due to discrimination, harassment, whistleblowing or retaliation.

Jay P. Lechner

Assisting people in Tampa with their Florida wrongful termination issues.

Sean Estes

Experienced wrongful termination attorney. Serving Tampa, Florida residents.

Wrongful Termination Law

Although many feel ‘wronged’ after being terminated, the legal definition of wrongful termination is limited to what the state deems to be illegal.