Secondary Sources
are the sources you should use first to locate relevant statutes and cases.
They identify and organize the authority you need to build your case and can save you time.
21 Fla. Prac., Elements of an Action § 901:1 (2019-2020 ed.)
§ 901:1.Florida is a “right to work” state which does not provide a prima facie case of wrongful termination outside of claim for breach of contract for a definite term, discrimination or retaliation.
2A Fla. Jur 2d Agency and Employment § 204
In addition to an action for breach of contract, where a contract of employment provides for grievance procedures, a wrongfully discharged employee has an election of remedies either to pursue the grievance procedures to challenge the validity of his or her discharge or to accept the discharge as final—thus ceasing to be an employee—and sue for damages for breach of contract. Reinstatement, when feasible, may be the preferred remedy for a wrongful firing. However, front pay may be applied where reinstatement is not viable because of continuing hostility between the employee and the employer or coemployees or because of psychological injuries suffered by the employee as a result of the firing. A court may order specific performance of an employee's right to be paid during the pendency of a dispute regarding the employee's termination where the employment contract expressly provides for the payment of such interim compensation. There is no action in Florida for the common-law tort of wrongful termination or for the retaliatory discharge of an at-will employee.
2A Fla. Jur 2d Agency and Employment § 199
Where there is not an agreed upon, definite term of employment, an employment agreement is terminable at the will of either the employer or the employee without cause,1 and an action for wrongful discharge will not lie.2 A complaint by an employee against an employer does not state a cause of action for wrongful termination of employment where the complaint fails to allege the existence of an employment contract for a definite period of duration.3 An at-will employee may be discharged at any time as long as he or she is not terminated for a reason prohibited by law such as retaliation or unlawful discrimination.4
27 No. 4 Fla. Emp. L. Letter 1
Employers in Florida face potential liability for employment lawsuits originating under the state's whistleblower protection laws. There are two whistleblower protection laws in Florida: One protects employees who work for private-sector employers, and one protects employees of public employers. Both laws generally prohibit employers from taking an adverse action (e.g., demotion or termination) against employees who have complained that they were acting in violation a law, rule, or regulation.
In May, the U.S. 11th Circuit Court of Appeals (whose rulings apply to Florida employers) limited the ability of some employees to seek redress under Florida's private-sector Whistleblower Act when it held that a federal law applicable to the employment status of certain bank employees preempts the state law. The decision is a reminder that certain federal laws may provide employers more leeway to address employment issues and hamper employees' ability to bring certain employment law claims.
33 A.L.R.4th 120 (Originally published in 1984)
Right to discharge allegedly "at-will" employee as affected by employer's promulgation of employment policies as to discharge.
32 A.L.R.4th 1221 (Originally published in 1984)
Recovery for discharge from employment in retaliation for filing workers' compensation claim
105 A.L.R.5th 351 (Originally published in 2003)
Common–Law Retaliatory Discharge of Employee for Disclosing Unlawful Acts or Other Misconduct of Employer or Fellow Employees
32 Am. Jur. Proof of Facts 3d 229 (Originally published in 1995)
Proving the Contractually Binding Effect of a Personnel Manual Provision as to Discharge Only for "Good Cause"*
Employment Law, Vol. 1, Third Edition (Practitioner's Treatise Series) [Hardcover] by Mark A. Rothstein
ISBN: 0314150242
Publication Date: May 1, 2005
Volume One of Two Volume Set.
A multi-volume treatise on employment law that integrates materials on constitutional law, statutory employment law, administrative law, contracts, torts, antitrust law, intellectual property law, tax law, and bankruptcy law. Integration is achieved by following the employment relation from its formation, through terms and conditions of employment, to termination. The text presents information within a framework of history, context, perspective, and analysis in as concise a manner as possible. In addition, the treatise points to other primary and secondary resources for greater research efficiency.
Employment Law, Vol. 2, Third Edition (Practitioner Treatise Series) [Hardcover] by Mark A. Rothstein
ISBN: 0314150250
Publication Date: May 1, 2005
Volume Two of Two Volume Set.
A multi-volume treatise on employment law that integrates materials on constitutional law, statutory employment law, administrative law, contracts, torts, antitrust law, intellectual property law, tax law, and bankruptcy law. Integration is achieved by following the employment relation from its formation, through terms and conditions of employment, to termination. The text presents information within a framework of history, context, perspective, and analysis in as concise a manner as possible. In addition, the treatise points to other primary and secondary resources for greater research efficiency.
Principles of Employment Law (Concise Hornbooks) [Paperback] by Peggy R. Smith
ISBN: 031416877X
Publication Date: February 25, 2009
This book provides a comprehensive overview of employment law and is a useful supplement to any employment law casebook.
Principles of Employment Law (Concise Hornbooks) [Paperback] by Peggy R. Smith
ISBN: 031416877X
Publication Date: February 25, 2009
This book provides a comprehensive overview of employment law and is a useful supplement to any employment law casebook.
Corpus Juris Secundum, Volume 30 by Thomson West
Publication Date: 2007
Cited and quoted as authority in courtrooms across the country, this national legal encyclopedia covers all state and federal legal topics. General rules of law are summarized in "Black Letter" headings and expanded upon in the text. Also provides the limitations and exceptions to the rules where appropriate. Since the citations and the supporting cases involve both state and federal courts, the user gets a full perspective of the law in a local jurisdiction as well as across the country.
American Jurisprudence, 2d - Volume 27 by Publisher's Editorial Staff
Publication Date: 2004
American Jurisprudence provides an unparalleled breadth of coverage of all fields of American law – state and federal, civil and criminal, substantive and procedural. The articles collect, examine, and summarize the broad principles of American law and, at the same time, provide:
• Direct leads to supporting cases
• Related annotations
• Forms
• Proofs
• Trial techniques
This set is alphabetically arranged in more than 400 topics or chapters. It provides prompt answers to client questions, helps propose sound courses of action, and provides a quick look at unfamiliar areas of the law. A new Topic Service Binder reviews new areas of law until they can be placed accurately within the set.
Black's Law Dictionary, Standard Ninth Edition by Bryan A. Garner
ISBN: 0314199497
Publication Date: June 25, 2009
For more than a century Black's has been the gold standard for the language of law. Today it is the most widely cited law book in the world. Edited by Bryan A. Garner, the world s leading legal lexicographer, the 9th Edition is the most authoritative, comprehensive law dictionary ever published. It contains more than 45,000 terms and includes: 2,000 more terms than the 8th Edition and 19,000 more than the 7th Edition including click fraud, Code Adam, collaborative law, ecoterrorism, environmental tort, friendly subpoena, happy-slapping, honor crime, secret detention, Schumer box, and super precedent. The date when selected terms were first used in English-language contexts, especially in judicial opinions. Heightened accuracy having more than 200 lawyers around the country reviewed terms. Definitions of more than 1,000 law-related abbreviations and acronyms. Almost 3,000 quotations drawn from sources over five centuries. Alternate spellings or equivalent expressions for more than 5,300 terms and West Key Numbers.
