Employment Discrimination Protections for At-Will Employees in Florida

Facing any kind of employment discrimination — whether as a job applicant, or in your current position — can be demoralizing, angering, and costly. Employment discrimination can cost a job applicant or employee a source of income, and it can have psychological and physical consequences. But can you file an employment discrimination or wrongful termination claim if you do not have an employment contract?

Many workers operate under the misconception that they only have certain legal protections against discrimination and wrongful termination if they have an employment contract that clearly outlines their employment relationship with the employer. Yet this is not the case — whether you are working under the terms of an employment contract or as an at-will employee, you cannot be fired for reasons that are based in unlawful discrimination. Our Palm Beach Gardens employment discrimination lawyers can explain in more detail.

At-Will Employees Cannot Be Terminated for Discriminatory Reasons

It is true that at-will employees can be fired at any time and for almost any reason — but that reason cannot involve unlawful discrimination.

At-will employment, as Thomson Reuters explains, makes up the “majority of employer-employee relationships” across the country. This type of employment allows an employer to terminate an employee at any time and for any reason (with exceptions), and it also allows an employee to leave their employment at any time and for any reason without legal consequences. Even if your employment handbook says that you can be terminated for “any reason,” this does not include discriminatory reasons that are prohibited by state or federal law, such as the Florida Civil Rights Act (FCRA) or federal laws enforced by the Equal Employment Opportunity Commission (EEOC).

Likewise, you cannot be terminated in retaliation for exercising your rights under a state or federal law or agreeing to participate in a discrimination investigation. All of these reasons and the above are “exceptions” to the at-will doctrine.

Covered Employers and Limitations

A consideration to keep in mind, at the same time, is whether your employer is “covered” under the FCRA or federal employment discrimination laws. The FCRA applies to employers with 15 or more employees, whether or not employees are at-will or working under the terms of a contract. Similarly, most federal laws also “cover” employers with 15 or more employees (including Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act), though the Age Discrimination in Employment Act (ADEA) applies to employers with 20 or more employees.

Contact a Palm Beach Gardens Employment Discrimination and Wrongful Termination Lawyer for Assistance

If you believe you were terminated for an unlawful reason based on discrimination, it is critical to seek legal advice as soon as possible. As we discussed above, at-will employees — like employees who work under the terms of employment contracts — have protections against unlawful discrimination and wrongful termination under state and federal law. You do not need to be a contracted employee in order to have these protections. One of the experienced Palm Beach Gardens employment discrimination and wrongful termination attorneys at Sconzo Law Office can speak with you today about the details of your case and help you to move forward with a claim. Contact us for assistance.

Sources:

legal.thomsonreuters.com/en/insights/articles/at-will-employment-doctrine

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/0760ContentsIndex.html