An employee who is working in Florida, an employer of labor, or someone who has plans to work in the state should be equipped with the knowledge of its labor laws as it relates to the termination of employee employment and sundry issues that have legal implications.
States that are considered “at-will states” are states where the employment of an individual can be terminated at any time, with or without reason by the employer. This means that the employer employed you of their own will, and they have the right to terminate your employment contract as long as the employer is not violating the laws of the United States.
One good thing about the “at will” employment policy of Florida is that both the employer and the employee are at liberty to legally terminate the employment without the fear of being sued.
Florida Labor Laws Regarding Termination of Employment Contract
- Under Florida’s employment termination law, if you wrongfully terminate the employment of your employee for illegal reasons, you may suffer financial losses.
- Under Florida’s employment termination law, an employee is not bound by the state’s “at will” policy when the employment is governed by a contractual arrangement.
- Under Florida’s employment termination law, the contractual agreement should spell out the employer-employee relationship, and this must include the reasons and manner an employer may terminate the contract of an employee prior to the expiration date of the contract they have with them. Note that the Florida employment contract can either be collectively bargained for by a union or on an individual basis.
- Under Florida’s employment termination law, terminating the employment agreement of an employee can only be done based on what is written on the constituted employment contract. But there might be an exception to this rule.
- Under Florida’s employment termination law, public policy exceptions should be considered before terminating the employment of an employee. This means that an employer cannot terminate the employment contract of an employee for reasons the general public would find offensive or consider unfair.
- Under Florida’s employment termination law, no employer of labor has the right to terminate the contract agreement of an employee for an unlawful reason.
- Under federal and Florida’s employment termination law, no employer of labor can terminate the employment agreement of an employee based on a discriminatory reason. This means that the employment of any employee cannot be terminated based on their age, color, race, gender, sexual inclination, the decision to get married, pregnancy, country of origin, religious beliefs or affiliations, health, or disabilities. Florida and federal law prohibit employers from terminating the employment contract of an employee for standing on their rights to associate or express themselves. An employer of labor cannot sack an employee for belonging to a labor union or similar organizations.
- Under Florida’s employment termination law, it is illegal to terminate the employment of an employee that complies with their legal obligations to attend jury service or answer a subpoena when called upon.
- Florida and federal law prohibit employers of labor from terminating the employment contract of an employee or discriminating against any employee who reports unlawful or harmful conduct. Florida law gives protection to whistleblowers.
- Under Florida’s employment termination law, an employer of labor is mandated to give a minimum of 60 days notice of intent to retrench 50 or more employees at once from a site or 33 percent of the company’s total workforce. Failure to obey these requirements may result in financial penalties.
- Under Florida’s employment termination law, it is mandatory for all employers of labor to pay their employees after terminating their employment contract. Although, the payment might not be immediate but must be on or before the next payday.
- Under Florida’s employment termination law, it is unlawful to terminate the employment contract of an employee whether annual leave, education, medical, maternity, or compassionate leave. This is because all employees in Florida and United States are protected under the Federal Family and Medical Leave Act.
Note that most of Florida’s employment termination laws stated in this article are easy to understand and comprehend. But in case you don’t understand how the law directly applies to your case, you might want to consult an attorney.