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WRONGFUL TERMINATION

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The general rule in Florida and throughout most of the United States regarding termination from employment, is that an employer needs no reason to terminate an employee.  An employee can be terminated from his/her position at any time for any reason, or without a reason.  There are several exceptions to this general rule.  These exceptions include:

    1.    The presence of an employment CONTRACT;

    2.    5 15 DISCRIMINATION against the employee by the employer; and

    3.    5 16 RETALIATION against the employee by the employer.

There may be special circumstances in your home state which provide a claim for wrongful discharge or termination other than one of the stated exceptions.  These exceptions are by no means an exhaustive list for all 50 states.  You should seek further advice from an attorney in your home state for a complete analysis of your individual situation. 

 

CONTRACT:  

If the employer and employee enter into a written contract: Each state in the United States may differ on what is required to make a binding employment contract.  In Florida, in order for an employment contract to be binding and enforceable, there must be stated in the contract, the date the employment is to begin, the date the employment is to end and the salary the employee is to receive.  Typically, if one of these elements is missing, the contract is not enforceable.  The law may be different in other states.  To be sure, you should consult an attorney in your home state.  For your convenience, click on the Request to Speak to  an Attorney link, for assistance in finding an attorney in your community who will be able to help you. 

 

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