Although Florida is an at-will state, there are still a number of state and federal laws that employers need to comply with when it comes to terminating employment. For instance, did you know that under the Florida Civil Rights Act, employers cannot fire an employee because of their age or marital status? Or that, according to Florida laws on firing employees, employers cannot retaliate against an employee for whistleblowing? These are just a few examples, and things can get a lot more complicated depending on the specific circumstances of a termination.
With this in mind, in today’s guide for employers, we are going to break down everything you need to know about Florida at-will employment and the state’s labor termination laws. That way, you can make legal, informed decisions when you have to let an employee go, protecting your business from potential fines and penalties. Plus, doing things by the book is the best way to boost your employer brand and attract and retain the workforce you need to build a successful business.
Let’s get to it!
- What Is At-Will Employment?
- The Difference Between Firing, Layoffs and Resignation
- Federal Laws That Regulate Employee Termination
- Florida Laws on Firing Employees
- What Counts as Legal Grounds For Termination under the Florida Laws on Firing Employees?
- Florida Laws on Firing Employees: Best Practices
- Streamline your offboarding process to ensure employee termination compliance ✅
What Is At-Will Employment?
Most employment contracts in the US are “at-will”. This means that an employer can dismiss an employee without notice and without having to establish “just cause” for termination. In other words, you don’t necessarily need a specific reason for firing an employee in Florida, provided your justification is not illegal or discriminatory. For instance, you can’t fire someone because of their race, religion, gender or disability. You also can’t let an employee go because they have filed a claim or dispute against you with the state.
The concept of at-will employment has its downsides from the perspective of employers. For one thing, with this type of employment contract, there is a greater chance that an employee could file a wrongful termination lawsuit. These types of contracts can also create a sense of employee insecurity which can undermine workplace morale and loyalty, impacting productivity and retention levels.
On the flip side, there are also many benefits to the Florida at-will employment system. For example, you get a lot more staffing flexibility, so it’s easier to adjust your workforce in line with changing business needs. It’s also a lot easier to fire employees who are simply not meeting the mark in terms of performance.
Finally, it’s worth noting that, whatever the law might say, you have a duty as an employer to stick to all the terms of your employment contracts and any relevant collective bargaining agreements. In other words, if an employee’s contract includes provisions for greater job security (such as requiring a just cause for termination), then you need to stick to these terms, regardless of what the Florida laws on firing employees might say. The key here is clearly defining all expectations, rights and responsibilities from the moment a new starter walks through your door.
The Difference Between Firing, Layoffs and Resignation
Before we take a deep dive into the Florida laws on firing employees, let’s clarify the definition of firing an employee and explain how this type of employment termination differs from layoffs and resignation.
Here’s a basic definition of these three concepts:
- Firing. When an employer permanently dismisses an employee from their duties. The decision to fire an employee usually arises when a company feels that there are performance issues that the employee has failed to address or if they have violated a company policy (for example, due to misconduct or inappropriate behavior).
- Layoffs. When an employer lets go of an employee because the company is downsizing or restructuring. This might be because of budget cuts or a change in business needs. With a layoff, the position itself is eliminated, not the employee (although obviously, it has a direct impact on their employment status). Layoffs should be handled with care.
- Resignation. When an employee gives voluntary notice of their intent to leave the company. This might be because they have had an employment offer from elsewhere or for other personal reasons such as a career change, relocation or health issues, for example.
Federal Laws That Regulate Employee Termination
Ok, let’s get to the heart of things now! What Florida laws on firing employees do you need to keep in mind before you roll out the employment termination process?
Let’s start with the federal laws that regulate employee termination. These laws affect all employers in the U.S., regardless of state.
The Civil Rights Act of 1964
According to Title VII of the Civil Rights Act of 1964, it is illegal to fire an employee because of their race, color, religion, sex or national origin. This means that your reason for firing someone must be justified by legitimate, non-discriminatory reasons. This will usually either be performance issues or conduct violations. Moreover, according to Title VII, you also cannot fire an employee for filing a complaint with a federal or state agency or participating in an investigation, lawsuit or any other type of legal proceeding. The same goes if an employee opposes an employment practice that they consider to be discriminatory under Title VII.
There are some updates to this law which you also need to consider before you fire someone. Specifically, The Civil Rights Act of 1991 and the Lily Ledbetter Fair Pay Act of 2009 have amended several sections of Title VII. These updates provide for the recovery of compensatory and punitive damages in cases of intentional violations of Title VII.
The Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) protects people with disabilities from discrimination in all areas of public life. This includes access to schools, jobs, and transportation, and any other private place open to the public such as restaurants and theaters.
In terms of employment, the ADA prohibits discrimination on the basis of disability just as other civil rights laws prohibit discrimination on the basis of race, color, sex, national origin, age, and religion. It ensures that people with disabilities have the same employment opportunities as everyone else. This includes hiring, firing, compensation and opportunities for growth and development. Plus, according to the ADA, employers must provide reasonable accommodations to any employees with disabilities.
The Family and Medical Leave Act (FMLA)
Finally, although the Family and Medical Leave Act (FMLA) doesn’t specifically make it illegal to fire an employee who is on leave, you cannot fire someone if it violates their FMLA rights.
Basically, this comes down to the fact that the FMLA provides eligible employees with job-protected leave. In other words, provided an employee has requested leave for a qualified reason, you have to provide them with this (unpaid) leave and keep their job open until they return to work.
We want to be clear here. You can fire an employee whilst they are on leave, but their being on leave cannot be the reason. Instead, your reason for firing must be legitimate and unrelated. For instance, if you already have a documented record of an employee’s poor performance before they took leave, then you have legal grounds to fire them, even if they have taken family or medical leave.
Florida Laws on Firing Employees
Another important thing to consider is how the labor laws in Florida impact the guidelines for firing employees. Make sure that your employee handbook reflects the requirements of these Florida laws on firing employees, just as you would with other laws such as those relating to workers’ compensation, unemployment compensation, employee tax, state holidays and the Florida minimum wage.
State Discrimination Laws & Additional Protections
Aside from federal regulations, Florida has its own anti-discrimination laws, including the Florida Civil Rights Act of 1992, the Florida Equal Pay Law, and the Florida Civil Rights Act for Public Employees. These laws offer additional protections to citizens of The Sunshine State.
The most relevant in terms of Florida laws on firing employees is the Florida Civil Rights Act. This Act closely resembles the federal Civil Rights Act of 1964. Much like its federal counterpart, the main aim of the Florida Civil Rights Act is to prevent discrimination in employment, public accommodations, and private club membership on the basis of race, color, religion, sex, pregnancy, national origin, age, disability, or marital status. The Act also includes a framework so that citizens of Florida who believe that they have been discriminated against can file a complaint with the Florida Commission on Human Relations.
There are also municipal regulations in certain cities in Florida that may impact local Florida laws on firing employees. For example, the following local laws prevent businesses from making hiring and firing decisions based on protected characteristics:
- Tampa. Tampa’s Human Rights Ordinance specifically prohibits discrimination in employment, public accommodations, and real estate transactions. It includes protections based on sexual orientation and gender identity, extending the protections offered by federal and state laws.
- Miami. Miami’s comprehensive Human Rights Ordinance prohibits any form of discrimination in employment, housing, public accommodations, and county services. Aside from those defined by state law, protected characteristics also include sexual orientation, gender identity, and gender expression.
- Jacksonville. Jacksonville updated its Human Rights Ordinance in 2017. It now includes protections against discrimination based on sexual orientation and gender identity in employment, housing, and public accommodations. Other cities with similar protections include St. Petersburg, Gainesville, Broward County, and West Palm Beach.
Florida’s Whistleblower Protection Laws
The Florida laws on firing employees include whistleblower protections. Essentially, this means that, according to the Florida Whistleblower’s Act, it is against the law to fire state employees who blow the whistle on violations of any federal, state, or local law, rule, or regulation. The Florida whistleblower statute also ensures job protection for employees who have testified, or agreed to testify, before a court or other governmental entity.
In addition, the Florida False Claims Act provides the same protection against termination to private employees. This can include situations where the employer is defrauding the government or endangering public health or safety. If a whistleblower successfully proves that employment termination was due to whistleblower retaliation, they may be entitled to reinstatement, back pay and attorney’s fees.
State Requirements for Employee Termination Notices
As we’ve already seen in today’s guide, there are actually no state-mandated requirements in Florida for employers to provide termination notices to employees. This is because Florida is an “at-will” employment state. However, this doesn’t mean there are no considerations for employers regarding termination notices.
Specifically, employers in Florida must be mindful of the following:
- Florida WARN Act. This applies to large-scale layoffs where 50 or more employees are laid off at a single site within 30 days.
- Contractual obligations. If you have an employment contract with an employee, it might specify termination notice requirements. You must honor these terms if you fire an employee.
- Employee handbook. If your company handbook outlines specific termination procedures, including notice periods, you must follow these procedures to avoid potential legal disputes.
- Severance agreements. To the same effect, if you offer severance pay, the agreement might stipulate a specific notice period. If this is the case, then you must stick to these terms to avoid potential legal disputes.
What Counts as Legal Grounds For Termination under the Florida Laws on Firing Employees?
Ok, so we’ve covered all the Florida laws on firing employees, but when can you fire an employee? What counts as a lawful reason for labor termination in Florida?
As we mentioned above, you can legally fire an employee if you can prove it is justified. This will usually mean it was down to either performance issues or conduct violations.
Let’s explore these justified reasons for termination under the Florida laws on firing employees in a bit more detail.
Issues With Employee Performance
According to the Florida laws on firing employees, you can terminate someone’s employment if you can prove that their performance is not up to scratch. In fact, this is one of the strongest legal grounds for termination. However, you have to make sure that performance issues have been documented and you have followed a defined procedure for addressing performance issues.
This includes:
- Documenting specific examples of how the employee has failed to meet performance expectations. The best way to document this is by using performance management software.
- Following a progressive disciplinary process where you offer the employee the opportunity to improve their performance. For example, you process might start with a verbal warning, followed by a written warning and a performance improvement plan.
- Maintaining clear and detailed records of documented performance issues. This serves as evidence if the employee later makes a claim that the termination was due to discrimination.
Conduct and Behavior Violations
Another strong legal ground for termination under the Florida laws on firing employees is if an employee has violated your internal code of conduct. This is a document that outlines a series of company policies and procedures related to how your employees conduct themselves. It often includes a description of your company values and ethics, and guidelines for employee behavior. It also includes your disciplinary processes for employee misconduct and the potential consequences that an employee might face, including termination.
Regardless of what you include in your code of conduct, according to the Florida laws on firing employees, you can fire an employee as a result of:
- Serious violations, including theft, violence, harassment (including sexual harassment), insubordination, intoxication on the job, or flagrant misuse of company property.
- Falsifying company documents or timecards.
- Engaging in illegal activities on company property.
- Repeated violations of dress code or safety protocols.
Florida Laws on Firing Employees: Best Practices
And that’s pretty much it. Provided you stick to the guidelines we have shared in today’s post, then you will be protected from the risk of wrongful termination lawsuits. Let’s recap everything we have seen today with some essential best practices to help you comply with the Florida laws on firing employees:
- Understand the exceptions to Florida at-will employment. In particular, keep in mind that you cannot fire an employee based on protected characteristics like race, religion, or disability.
- Track employee performance. This includes maintaining records of all performance issues and how you have tried to address them. The best way to do this is by using a solution like Factorial’s performance management software.
- Document everything. Maintain a clear paper trail of all employment relationships. This includes any disciplinary actions and warnings. This serves as evidence if an employee contests termination. The best way to do this is by using a solution like Factorial’s document management software.
- Follow a standardized offboarding process. This will help you ensure that the termination process is consistent and fair. The best way to do this is by using a solution like Factorial’s offboarding software.
- Generate regular reports. Finally, you can use analytics and reporting software to generate reports on performance, attendance and training. That way, you are protected if an employee claims that you have violated the Florida laws on firing employees.
