What constitutes a wrongful termination claim?

In Florida, wrongful termination is when an employee is fired for a reason that violates the law or a contract between the employee and the employer. The law protecting employees from wrongful termination is part of Title VII of the Civil Rights Act of 1964. This federal law makes it illegal for employers to terminate an employee on the basis of race, color, national origin, sex, disability, or religion. An employee who believes they were wrongfully terminated can file a claim with the Equal Employment Opportunity Commission (EEOC). To be considered a Wrongful Termination claim under Florida law, it must meet the following criteria: (1) the employee was fired from a job they could legally perform; (2) the employee was terminated for a reason that violates the law or is in breach of an employment contract; (3) the employee suffered financial harm as a result of their termination. In addition, wrongful termination claims can also be filed for any termination that was unlawful, discriminatory, or retaliatory. Situations that may constitute wrongful termination claims in Florida could include termination due to an employee’s age, gender, religion, or sexual orientation, termination in retaliation for whistle-blowing, or terminating an employee while they are on medical leave. If an employer is found to have engaged in wrongful termination, the employee may be entitled to compensation, including back pay, damages for emotional distress, or punitive damages. Additionally, the employee may be reinstated to their former position. The outcome of a wrongful termination claim will depend on the specific details of the case.

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