In a difficult economy it is more important than ever to know your rights in the event that you are terminated or laid-off. If you lose your job for any reason, there are time limits that you should be aware of in order to claim unemployment, take action against discrimination, or protect other important rights.
What is a “Right to Work” State?
While Florida is a “right to work” state, many people misunderstand the term and believe it provides them with job protection. Sadly, the opposite is true. In Florida, you have a right to quit your job for any reason at any time, but your employer also has the right to terminate your employment for any non-discriminatory reason. What does this mean? It means that even if you are fired for a reason that makes little sense, or because someone mistakenly believed that you violated the company’s rules, you cannot take any action against them later. There are, however, exceptions to this rule for acts that are discriminatory, made in retaliation, or for individuals having special contractual protections. You do have options!
Know the Facts About Unemployment Compensation
Regardless of the reason your employer terminated you, it is imperative that you immediately apply for unemployment compensation. An initial claim can be made by going to the agency website and following the instructions. http://www.floridajobs.org/unemployment/.
While there are few restrictions on employer’s right to terminate an employee, the good news is that there are even fewer circumstances that prevent a person from collecting unemployment.
Generally you will only be denied unemployment if:
- You voluntarily quit or abandoned your job, or
- You committed “Gross Misconduct”
What is Gross Misconduct? This term usually means that you committed a serious violation of workplace policy, and often includes illegal acts. For example, if you were terminated from a cashier’s job for taking money from the drawer, you probably will not receive unemployment. However, even if this is true, there is no penalty for applying and the burden in on your former employer to prove you do not deserve unemployment.
VERY IMPORTANT! Frequently, employers will object to payment of unemployment and you will receive an initial denial letter. DO NOT ACCEPT THIS WITHOUT APPEALING! The notice will have instructions for filing an appeal within a certain time period. The appeal will be decided by a simple telephone conference and you do not have to have a lawyer to participate. Most of the time, you will win your appeal, but you must not miss the deadline on the notice!
Understanding Discriminatory Firing
Although an employer may terminate you for many reasons, they cannot violate the protections of Title VII of the Civil Rights Act of 1964 or the Florida Civil Rights Act. Under those laws it is illegal to refuse to employ or terminate a person because of their race, ethnicity, nation of origin, sex, religion, or age. Additionally, it is unlawful to harass a person because of any of those traits. This includes acts of sexual harassment or retaliation by your boss for refusing to accept an inappropriate sexual advance.
The Florida Civil Rights Act and the Americans with Disabilities Act also protect persons against discrimination based upon a disability. It is unlawful to refuse to hire a person or terminate them from employment based on a disability that could be reasonably accommodated. Reasonable accommodation does not mean that an employer must find an alternative job for you if you are unable to complete your duties. However, it does mean that if a simple act like installing a ramp or providing you with an audio amplifier would allow you to do your job, they cannot terminate you solely on that basis.
The law also protects persons for being discriminated against merely on “perception.” For example, it is not legal for an employer to simply assume that a person with a prosthetic limb will be less qualified than someone who does not have a physical handicap, and to make employment decisions on that basis.
By law, if you wish to make a wrongful termination claim based on such discrimination you must first file an administrative complaint with the Florida Commission on Human Relations, or the Equal Employment Opportunity Commission. These agencies will investigate your claim and determine whether or not there is “cause” to proceed on the discrimination charge. The have jurisdiction to investigate for 180 days, after which you may seek permission to file a lawsuit. Filing a claim does not cost any money and may be done with or without an attorney’s help. For instructions on filing visit either agency’s website: http://199.250.30.53/; http://www.eeoc.gov/.
These are just some of the many legal issues involved in employment law. If you have any question at all about your rights or need help in a situation with your employer, please contact Avera & Smith, LLP at 800-654-4659 or 352-372-9999, or fill out the form on this page to receive a return call quickly. Avera & Smith has a tradition of excellent client service combined with genuine caring for our clients’ issues. We know what to do and can help get what you deserve in a situation where your rights have been violated. First consultations are always free!
