As a business owner, you may one day need to make the tough decision to terminate one of your employees. No matter the circumstances involved, these are difficult conversations to have. Understanding your rights as a Florida business owner is important when it comes to at-will employment.
What is at-will employment?
In Florida, at-will employment means that the employment relationship can be terminated by either the employer or employee at any time for any reason. The key stipulation is that employers cannot fire employees for an illegal reason. For example, it is unlawful to terminate someone based on protected statuses, such as:
- Race
- Religion
- Age
- Pregnancy
- Sexual Orientation
- Disability
Both federal and state laws prohibit employers from firing people based on these protected statuses and others.
What to know before terminating an employee
The first thing to consider is whether the employee has a contract or is working for you under at-will employment laws. If they do have a contract, you may need a specific reason to terminate them, depending on the terms of that contract. For example, many executives have clauses stating they can only be fired “for cause,” meaning you must demonstrate a valid reason for the termination. However, if they are an at-will employee, you generally do not need a specific reason to let them go. At-will employment allows either party to end the employment relationship “at will.”
Employers are also prohibited from terminating at-will employees due to retaliation for certain protected activities. These could include reporting dangerous employment conditions, taking Family and Medical Leave Act (FMLA) leave, filing a complaint, claiming workers’ compensation and more.
Have questions?
These situations can become contentious, so it is crucial to carefully review your legal obligations and options before proceeding. A skilled business law attorney can provide guidance based on your company and advise on any specifics that may apply in your situation.