Florida is an employment-at-will state. This means that either the employer or the employee may end the employment relationship at any time and for any reason. Thus, there is no such thing as a "wrongful termination" claim under Florida law, per se. However, Florida has recognized important exceptions to at-will employment, making certain quasi-wrongful-termination claims possible. These exceptions fit under the following "umbrellas":
The public policy exception bars an employer from terminating employees in violation of well-established public policy of the state. As an example, in many states an employee may not be terminated for filing a workers' compensation claim after an on-the-job injury.
The implied contract exception means that an employee may have an expectation of a fixed term or even indefinite employment based on something the supervisor has done. This can take the form of employer's statements, an employer’s practice of only firing employees for cause, or an assertion in the employee handbook that specific termination procedures will be followed.
Under this exception, an employer typically may not terminate an employee in bad faith or terminate an employee when the termination is motivated by malice.
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Employment: the act of engaging in work, the consumption of a person's time and energy to the task at hand in an occupation, profession, trade or business.
Employment At-Will: either employer or employee can end the relationship without liability; as long as there is the understanding that the employment is at will, either party can terminate employment at any time.
Discrimination: termination due to race, age, sex, pregnancy, national origin, marital status, color, religion, or disability.
Employee: a person in the service of another. The employment contract can be written, oral or implied. The employee's activities while performing work are subject to the control of the employer.
Employer: a person or entity (such as a partnership or corporation) which obtains the services of another to perform work. The employer provides the means through which the services will be performed (such as providing a place where the work is to be performed and the tools required to get the work done). The employer has direct control over the manner in which the work is to be performed.
Florida is an employment “at-will" state. In an “at-will” state, both employer and employee are presumed to be working through their own volition with no long-term contractual obligation to each other. An employee may leave their employer at any time without the employer taking action against them. Conversely, the employee can be terminated without cause and with no legal recourse against the employer.
