Florida is an at-will employment state. But what exactly does that mean? If you are a Florida worker, it is important to understand at-will employment and how it could affect your situation.
At-will employment means that an employer or employee can terminate their working relationship at any time and for any reason, or no reason at all. This means that you can be fired from your job even if you were performing well and there were no previous issues with your performance.
Your employer does not need to provide you with a reason. Alternatively, they can fire you for a seemingly insignificant reason, such as they do not like you wearing red shirts to work.
Exceptions to at-will employment
There are some exceptions to this rule. Your employer’s reason cannot be discriminatory. Employers have a duty to comply with federal and state laws, including discrimination laws.
You cannot be fired based on your race, age, gender or disability. Additionally, retaliatory firings are illegal. These are common in whistleblower cases. You cannot be fired in retaliation for exposing some wrongdoing of your employer.
Another example of retaliation is if you are fired after being sexually harassed by another employee and reporting it to human resources. Although retaliation is illegal, it is often hard to prove. You must show that your termination was directly connected to the action you took against your employer.
Employment contracts are another exception to at-will employment. If you have a valid employment contract in place with your employer, you cannot be terminated outside of any situations specified in the employment contract. Otherwise, your employer cannot terminate your employment until the contract expires.
At-will employment has benefits for both employers and employees
At-will employment provides employers with flexibility to hire and fire employees as necessary depending on their changing needs.
Business needs can change rather quickly and unexpectedly, especially in certain industries. Having the ability to adjust the workforce according to these changes allows employees to keep their business running smoothly and successfully.
As a Florida worker, at-will employment allows you the freedom to change jobs if you are unhappy. You are not required to provide a reason to your employer for why you are leaving or justify your decision to leave.
Although it is considered polite and professional to do so, you are also not required to give your employer any advance notice that you are leaving. You may have found a better job or want to move to a new place. At-will employment allows you to do that without facing any legal repercussions.
Documenting your employment relationship
Despite at-will employment, terminating an employment relationship can be awkward, uncomfortable and stressful for both employers and employees. Know your rights and document everything involving your employment relationship in case a legal dispute arises.
Keep records of any communications with human resources or your managers and any performance reviews. Write down the dates and time of any incident and the details of what happened. If you are fired, this documentation can help you determine if your case falls under one of the at-will employment exceptions.