[FL] Is there a wrongful termination claim under at-will employment?

FL Employment

Richard

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There is no such claim as wrongful termination under at-will employment. The only legal claim would be a discrimination claim.

EEOC Charge of Discrimination (Form 5)

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I was wrongfully terminated in 2024. A lawyer sent a demand letter on my behalf. I want to know if I can still pursue this case since it’s seemingly past the statute of limitations. But since I engaged with them, I want to know if I can pursue.

Lexi, Chatbot

Have you already taken any steps to address this issue, such as speaking with your employer or HR?

My lawyer sent a demand letter, I said that already.

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your wrongful termination.

Nope, just connect me.

Richard

Hello. My name is Richard and I have been a licensed attorney for over 25 years and hope to be of assistance. Please be advised that this service is for information purposes only and I cannot formally represent individuals using this service or perform actual legal services on your behalf.

I understand you were wrongfully terminated in 2024 and are concerned about pursuing your case due to the statute of limitations. Could you tell me more about any steps you've considered taking regarding this situation?

I had a lawyer send a demand letter right upon termination. I accepted a sign-on bonus when I was hired and feared having to pay it back. However, they wrongfully terminated me, fired me, breach of contract, whatever you want to call it.

The grounds upon which were entirely false.

I suffered a good amount of loss and damage after my termination.

I just want to know if I can still pursue any lawsuits.

Richard

Any claim for discrimination would be outside the statute of limitations at this point.

Even if I sent a demand letter?

Richard

A demand letter would not extend the statute of limitations.

It was more so wrongful termination. I could claim discrimination, but what do I know? You tell me.

And is that 180 days?

Richard

There is no such claim as wrongful termination under at-will employment. The only legal claim would be a discrimination claim.

Richard

Yes, it is 180 days to file with the EEOC.

What about breach of contract?

Richard

Did you have an employment contract that stated it was for a specific period of time and you could not be terminated without “just cause”?

I can’t say for sure, but yes, I was under contract for a specific period of time and I’m sure the latter was in there as well.

Richard

It is rare to have “just cause” in a contract. However, if you were one of those rare cases, you would have four years to bring a breach of contract claim.

It was a 2-year contract that included a sign-on bonus that I would have had to pay back.

Hence the demand letter.

Richard

Ok. If you have any follow-up questions, please let me know.

What does “just cause” mean? And why do you consider it rare?

Is it 5 years in Florida?

Richard

“Just cause” means that an employer must have a legitimate, documented reason to terminate an employee, such as misconduct or poor performance.

It’s considered rare because most employment contracts are “at-will,” meaning either party can end the employment relationship at any time without needing a specific reason. Contracts with “just cause” provisions offer more job security, which is why they’re less common.

I have seen very few in my practice and zero in the State of Florida.

I couldn’t end the contract without paying back the sign-on bonus, but I suppose I agreed to that “at will” upon hire. Am I right to assume that?

Richard

That is very likely that it is at will.

As opposed to what?

Richard

As opposed to what I have been referencing, “just cause” in the contract for termination.

They never asked me to pay it back and actually offered a small sum of money, but still the damages I suffered were extensive, so I’m trying to figure out if I can do anything.

So even if they engaged back with me, it doesn’t do anything for me? I didn’t accept it. They just left me alone really.

But I mean, you sign on “at will” versus what other type of hiring?

Richard

You are presumed to be “at will” unless you have the type of contract that I have been mentioning with “just cause” in it.

Pretty sure I needed a reason to end my contract before it was due.

I’m just trying to understand. But you’re saying none come out of Florida. So what would make an employer offer a “just cause” type contract?

Richard

They don’t. The few that I have seen have been in other states and usually CEO-type employees.

Richard

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