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Florida Wrongful Termination

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Florida wrongful termination refers to situations in Florida in which employees are wrongfully fired from their jobs. This means that they lose their jobs for reasons that violate either Florida labor laws or federal labor laws. Although there are many circumstances in which an employment agreement is terminated for valid reasons, there are also circumstances in which an employment termination is illegal. In such situations, the employee may be able to file a wrongful termination lawsuit against his or her former employer.

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Florida At-Will Employment

Florida is an at-will employment state. This means that an employment contract in Florida can be terminated at any time for any reason or no reason. There are, however, exceptions to the at-will doctrine.

A person cannot be fired for reasons that are discriminatory, such as for his or her age, sexual orientation, gender, religious beliefs, national origin or any other protected characteristics. Firing an employee for complaining about discrimination or harassment is also prohibited.

If the employee and employer had a contract agreement that set out conditions under which an employee could be terminated, the employer cannot fire the employee in contradiction of those conditions. Similarly, an employer cannot fire an employee if it violates a union collective bargaining agreement.

Florida Wrongful Termination Lawsuit

Employees who are found to be victims of wrongful termination may be able to recover lost wages, lost benefits, compensation for emotional pain and suffering and punitive damages.

Florida Wrongful Termination Legal Help

If you or a loved one has suffered similar damages or injuries, please click the link below and your complaint will be sent to a lawyer who may evaluate your claim at no cost or obligation.
Published on Jul-16-14


READER COMMENTS

Posted by

on
Nurse wrongfully terminated.
I believe my termination was due to the fact that upon returning to work after a 4 day illness, I found that one of my residents had been being over medicated due to the fact that the resident had suddenly became lethargic the day before. At that time, I found that one of the management team had put in an order for 20mg of morphine to be given every 4 hours to this resident who, at the time the order was put into the system, was awake and actively participating in her care. The order was supposed to be for only 5mg of morphine every 4 hours. Therefore, this resident was receiving 15mg more morphine each time she was dosed than she was supposed to. This resident ended up dieing the same day that I came back to work and found the error. This error was immediately brought to the attention of my supervisor by myself and I changed the order to the correct amount. I also discovered that another narcotic medication was supposed to be discontinued once the morphine arrived at the facility and that wasn't done either. This was also brought to the attention of my supervisor and I corrected the error. I was not comfortable with the way in which my complaint was handled therefore, I made copies of all of the mistakes that I had found being as I wanted to be sure that I was not somehow found at fault for my resident's death. No one knows that I have this information in my possession. 6 days later there was a mandatory nurses meeting in which this incident was briefly brought up and it was stated that these errors, "thankfully did not contribute to the resident's death" which was a complete lie. After the meeting I spoke with my DON and told her that I didn't agree with what she had said. I was basically blown off. Tuesday evening I received a text stating that I was to work on a med cart that I had never worked on with patients that I have never met. I voiced my displeasure over this which I was told that I, "work for the company, not a certain med cart.". During that day, I noticed that I was being treated differently than usual by some of the management staff. One in particular was the one that had put the wrong orders in our computer program for the resident whom had passed. She came to the cart that I was working on and asked for the empty narcotic cards. I gave them to her and she signed that she received 8 cards from me. I then noticed that someone had written over one of the numbers but didn't pay much attention to it. At about 2pm, I had finished my work and was cleaning my cart. My sharps container had been giving me problems all day in that the lid was not opening and closing properly. I took the sharps container to the medical supply room where I was wanting to tell the person whom ordered supplies that there was a problem with the lids and to show her what that problem was. When I reached the supply room, this person was out on an appointment and unavailable. Therefore I just decided that I would replace this one and a few others in the rooms that I had been working in so I started gathering replacements and dropped the one that I had brought with me. At that time one of the managers walked in and asked me what I was doing. I started to tell her and she immediately started saying that I was tampering with the sharps container. I told her that it had fallen because my hands were full. At that point, I gathered the new sharps containers that I needed and left the supply room thinking this woman has lost it. What she was saying didn't even make any sense to me. She said something about that she had worked a few nights before and had replaced that sharps container and knew there was an old patch in it. This sharps container came from a cart where no one had any patches of any kind. After replacing the other full containers that needed replacing, she then stated that another supervisor would be coming to count with me and I would have to go to the office. As the cards began to be counted, I remebered the number being changed and bam, they made it look like I had taken a card of medicine. At this point I showed them where the number had been written over and where it was easy to see that it was wrong. That it proved there was  in fact, not a card missing. That's when I began to understand what was happening. They wanted me gone because I was clearly unhappy with how things were being handled in the case of my patient's death. Now I'm in an office with the nurse who had not only put the wrong order in the computer but who had also given this incorrect dose to this patient twice and two of her best friends who one was the supervisor that I first reported it to and the other was the person who just accused me of tampering with a sharps container. Neither the DON or the assistant DON were there at that time. I was told by these three that I had to take a drug screen. I said, "For what reason? If I had tampered with the sharps cintainer, which I didn't, or even stolen a card of meds, which I didnt, nothing would show up in my urine this quickly!". I decided then that it was in my best interest to refuse. The person that was to give me the test and read the results was the sames person that I had reported for overdosing my patient! And the only other two people there were clearly, in my eyes, there in her best interest, not mine. They then called the DON whom stated that if I refused the drug screen that it was automatic termination. That is when I told her that I was not taking the test. She told me I was terminated and I promptly left. Please advise. This all happened on 9-21-16. Thank you.

Posted by

on
I was asked can I come to work on certain days and I agreed. About a hour after my friend quit I got a text to see if I can come in and talk. I went in, she proceeded to try and ask me and tell me that an employee quit. I replied with that's none of my business why and know why they chose to quit. She left the office and came back like 5 mins later and said " I'm sorry but we gonna have to let you go" I asked why. She said because of paper work I asked can I see it, she no she don't have to show it. So I said ok. So I asked again what was I being let go for. No reply. So I asked again then she said " we are at a no fault state". So I asked can she explain why it goes from paper work to No Fault. She said she doesn't have to tell or explain sh%@( profanity) to me. So I said ok and left the property. I have spoken to the GM about that paper work she claims she has, and he saids he has no idea and haven't seen anything so I said ok and ended the conversation and hung up. I feel like she didn't have a reason too,I feel like its retaliation because I didn't want to hear or know why somebody quit they job, and told her that was very unprofessional, and then she comes back and terminate me without reason.

Posted by

on
"I WAS FIRED THIS FRIDAY AFTER HAVING INJURED MY BACK A MONTH A GO AND WAS ON WORKERS COMP AND ON FRIDAY THE 20TH OF NOVEMBER MY BACK STARTED TO HURT SO I WENT HOME AN THOUGHT THE PAIN WOULD GO AWAY BUT IT NEVER DID IT BECAME WORSE AND MONDAY I WENT TO WORK and was unable to stay to perform my job duties an my employer made a coworker take me to work because i was unable to walk, stand or even sit up straight due to the horrific amount of pain that i was in. after given treatment at the emergency room i was discharged home with some strong pain medicine and was given 3 days of bed rest. on the fourth day i returned to work which was the Friday after thanksgiving. i came to work feeling better and started to work and my supervisor called me into the office and i quote from the termination notice i was given" employee has had repetitive complaints regarding chronic health conditions, not related to work injury which create the inability to perform essential job duties safe, employee has had several pain episodes resulting in the inability to ambulate during work hours while handling residents this creates a danger to the residents." now mind you just a month prior to getting terminated i had injured my lower back and had to get physical therapy due to this injury so they basically lied about it not being work related injuries when i have documents from the hospital stating that it was my lower back and that's why i was unable to work. will i be able to file a wrongful termination suit against my employer

Posted by

on
Terminated while out on worker's compensation/FMLA.

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