Florida Employment Law

Employment at-will

The relationship between an employer and an employee in Florida is governed by state contract law and certain Florida and federal laws that govern the employment relationship. Most Floridians are employed under Florida's employment at-will rule.

Unless you have a written contract of employment for a definite period of time or you are a member of a union with a collective bargaining agreement, your employment is probably at-will, meaning your employer can fire you for a good reason, a bad reason, or no reason at all without having any liability. Likewise, you have the right to quit your employment at any time without incurring liability to your employer.

Florida is regarded as a pro-employer state. An employer is not required to have just cause before firing an employee, or to treat employees with honesty and fair dealing. Many employees in Florida mistakenly believe that an employee handbook provides them with rights to continued employment. Unfortunately, this is almost never the reality.

Protections available under federal and Florida law

While employment at-will is the norm in Florida, there are many exceptions under Florida and federal law which may protect an employee from being fired, demoted, or otherwise denied any term, condition or privilege of employment that is enjoyed by other employees. These laws may also protect applicants even before being hired. The exceptions to employment at-will are based in various regulations, including—

Federal law protections
Florida law protection

Title VII of the Civil Rights Act of 1964, as amended

Federal law prohibits employers with 15 or more employees from discriminating against an employee or applicant based upon race, religion, sex, pregnancy, or national origin. This law also protects employees who oppose or object to unlawful discrimination directed against themselves or other workers, as well as employees who participate in an investigation or proceeding involving unlawful discrimination.

Florida Civil Rights Act of 1992

Florida law prohibits employers with 15 or more employees from discriminating against an employee or applicant based upon race, religion, sex, pregnancy, marital status, age, national origin, or disability. Like its federal counterpart Title VII, the FCRA prohibits employers from retaliating against an employee who opposes or objects to unlawful discrimination or who participates in an investigation or proceeding involving a claim of unlawful discrimination.

Age Discrimination and Employment Act (ADEA)

Federal law prohibits employers with 20 or more employees from discriminating against employees ages 40 through 70, and prohibits stereotyping of older workers.

Equal Pay Act (EPA)

Federal law prohibits employers from paying different wages depending upon an employee's sex. If workers perform equal work in jobs requiring equal skill, effort, and responsibility under similar working conditions, they must receive equal pay.

Americans with Disability Act (ADA) and the ADA Amendments Act of 2008 (ADAAA)

Federal law prohibits employers with 15 or more employees from discriminating against an employee or applicant with an actual disability, a perceived disability, or a record of historical disability. This law also requires an employer to affirmatively make a reasonable accommodation to allow a disabled employee who can perform the essential function of the job to perform the job and stay employed.

Federal Family Medical Leave Act (FMLA)

Federal law requires an employer with 50 or more employees within a 75-mile radius of the workplace to allow an employee who has worked for the employer for 12 months and at least 1,250 hours in the preceding year to take a leave of absence for up to 12 weeks because of the employee’s or family member's serious health condition or for the birth or adoption of a child.

The FMLA preserves the employee's right to return to the same or substantially equivalent position at the end of the leave of absence. It prohibits the employer from retaliating or punishing the employee for taking a leave of absence.

Florida workers compensation retaliation (440.205 Claim)

Florida law prohibits an employer from discharging, threatening to discharge, intimidating, or coercing any employee because of the employee's valid claim for compensation or attempt to claim compensation under the Florida workers compensation law.

Florida whistle blower law (448.102 Claim)

Florida law prohibits an employer with ten or more employees from retaliating against an employee because the employee has disclosed or threatened to disclose to a governmental agency an activity, policy, or practice of the employer that violates the law. It also covers an employee who has provided information to or testified before a governmental agency investigating employer’s violation of the law or an employee who objected to or refused to participate in an activity, policy, or practice of an employer which violates the law. Government workers also benefit from a separate special whistle blower law in Florida.

Retaliation for serving on jury duty (40.271 Claim)

Law prohibits an employer from dismissing an employee because of the employee having served on a grand or petit jury.

Discrimination based on acquired immune deficiency syndrome (AIDS)

Law prohibits an employer from discriminating against or discharging an employee having acquired immune deficiency syndrome or based upon an employee having taken an AIDS test, including the results or perceived results of the test. (F.S. 760.50)

Sickle cell trait discrimination

Law prohibits an employer from discriminating against an employee on the basis of the sickle cell trait or mandatory screening or testing for the trait as a condition of employment. (F.S. 448.075)

Testimony under a judicial proceeding

Florida law prohibits discharge from employment because of the nature of the testimony or absence from employment as a result of an employee complying with a subpoena to testify. (F.S. 92.57)

Toxic substance information retaliation

Florida law prohibits employers from discriminating or discharging employees who exercise their rights under Florida's Toxic Substance Right To Know law. (F.S. 442.116)

Retaliation associated with income withholding orders

Florida law prohibits employers from discriminating or discharging employees because of the employee having an income withholding order for the payment of child support obligations. (F.S. 61.1301)

National Guard member discrimination

Florida law prohibits an employer from discharging or discriminating against an employee who serves as a National Guard member and who is absent due to active duty in the National Guard. (F.S. 250.48)

Minimum wage retaliation

Florida law prohibits an employer from discriminating or retaliating against an employee exercising his or her right relating to Florida's minimum wage. (F.S. 448.109(3)(a))

Fair Labor Standards Act (FLSA)

Federal law requires employers that gross $500K or more in specific types of business to pay non-exempt employees time-and-a-half pay for work in excess of 40 hours per week. This law also provides for minimum hourly wage for all hours worked. It prohibits a covered employer from retaliating or punishing a worker who complains of the employer violating the FLSA or not getting paid overtime or minimum wage, or filing a claim or giving testimony in any FLSA proceeding. (29 U.S.C. 201)

Employee Polygraph Protection Act

Federal law prohibits an employer under certain circumstances from discharging or retaliating against an employee who refuses, declines, or fails to take a lie detector test. (29 U.S.C. 209)

Occupational Safety and Health Act (OSHA)

Federal law prohibits an employer from retaliating against an employee who reports or participates in matters relating to OSHA's jurisdiction. (29 U.S.C. 657)

Charges of discrimination

In order to qualify for remedies the law provides under Florida and federal statutes prohibiting discrimination on the basis of race, religion, sex, national origin, age, disability, pregnancy, and marital status, an aggrieved employee must first file a charge of discrimination. If an aggrieved employee does not file a timely charge of discrimination, his or her right to later file a lawsuit and recover damages may be lost.

Charges of Discrimination under the Florida Civil Rights Act must be filed with the Florida Commission on Human Relations (FCHR) with 365 days of the discriminatory or retaliatory job action. Information and forms on how to file a charge with the Florida Commission on Human Relations can be found on the Florida Commission's website. Charges of discrimination alleging violations of federal law must be filed with the Equal Employment Opportunity Commission (EEOC) within 300 days in Florida. Information and forms of filing a charge of discrimination with the EEOC can be found on the EEOC website.

Dedicated to defending Florida workers' rights

For aggressive representation in defense of your employee rights in West Palm Beach, Orlando, Martin, and throughout South Florida, call the dedicated lawyers of Louis P. Pfeffer, P.A. at 561-745-8011 or contact us online.

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