Hollywood Wrongful Termination Lawyer Seeks Justice for Fired Employees

Experienced Florida employment attorney fights for wrongly discharged workers

In Florida, most workers are employed “at will,” which means they can be fired for nearly any reason or no reason at all, but they cannot be terminated for reasons that violate the law. If you believe you’ve been wrongfully terminated, the Law Offices of James Jean-Francois, P.A. will represent your rights and seek the remedies you deserve.

Skilled advocate represents employees facing wrongful dismissal

Many workers feel that they’re at the mercy of their employers when they are fired, but employees have recourse when their termination violates the law in one of these ways:

• Discrimination — Under federal and Florida law, it is illegal for employers to terminate employees by discriminating on the basis of protected characteristics.
• Breach of contract — An employer who violates a written, oral or “implied” employment contract may be liable for wrongful termination.
• Retaliation — Your employer can’t fire you for exercising certain rights, such as enforcing wage and hour laws, reporting for active military duty or jury duty, taking a leave under the Family and Medical Leave Act or making a legitimate claim for workers’ compensation. In some cases, it might also be illegal for your employer to fire you for being a whistleblower.

As an experienced employment law attorney, I can determine whether your termination is wrongful for any of these or other reasons and file a claim on your behalf if it is.

Determined litigator seeks compensation for wrongfully terminated workers

Your remedies in such a case may, depending on the circumstances, include some or all of the following:

• Reinstatement, if appropriate
• Back pay while you were unemployed
• The difference in lost income if your new job pays less than the one you were fired from
• Lost income potential if the wrongful termination continues to damage your ability to earn income
• Out-of-pocket expenses
• Damages for mental anguish
• Attorney fees and costs
• Punitive damages if your termination was particularly egregious

If I cannot reach a settlement that gives you appropriate relief, I will press your case in court.

What grounds for termination are considered discriminatory?

Florida law and federal law both prohibit discrimination based on race, color, national origin, religion, gender, age or disability. Federal law also bars discrimination based on pregnancy, citizenship status or genetic information. Florida law adds marital status, HIV and sickle cell trait as protected characteristics.

Are all employers covered by anti-discrimination laws?

No. Whether or not an employer is covered depends upon its size. If it has 15 to 19 employees, it is bound by laws prohibiting discrimination based on race, color, religion, sex (including pregnancy, sexual orientation or gender identity), national origin, disability and genetic information (including family medical history). If an organization has 20 or more employees, age discrimination laws also apply.

What is an implied employment contract?

An implied contract arises when your employer makes oral or written statements that create a reasonable expectation you won’t be fired except in certain circumstances. Such statements can be made in correspondence, during an interview, in an employee handbook or in any other employment context. However, you must also prove reliance on the contract to recover damages.

Are there any preliminary steps I must take before I file a lawsuit?

You must file a charge of discrimination complaint with either the U.S. Equal Employment Opportunity Commission or the Florida Commission on Human Relations within 300 days of the incident in question. The agencies will conduct an investigation or seek to resolve the dispute by mediation. Once the agencies have completed their work, you will be issued a “right to sue” letter.

What do I do if I am fired for complaining about discrimination?

You may file a complaint against your employer for that as well. Federal and state antidiscrimination prohibit retaliation against employees for engaging in activities protected by law. Complaining about discriminatory practices is a protected activity. So is cooperating with or participating in any investigation into charges of discrimination or in any related hearing or other proceeding.

Contact a Hollywood wrongful termination lawyer to schedule a free consultation

If you have been wrongfully terminated, the Law Offices of James Jean-Francois, P.A. provides trustworthy representation in the Hollywood, Florida area. To schedule a free consultation, call 954-780-8505 or contact me online. My office is conveniently located at 6100 Hollywood Blvd., Suite 211, between Florida’s Turnpike and South State Road 7.