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Glantz & Glantz, P.A. Copyright 2001

Employment Law

I was fired for no reason. Can I sue my employer?
In Florida, most employees may be terminated or fired for any reason unless the reason is specifically prohibited by law. You cannot be fired on the basis of sex, race, age, disability, or for filing a worker’s compensation claim. Otherwise, unless you have a written employment agreement, union collective bargaining agreement, or worked as a public employee, you may not sue your employer for unfair termination.

I was suspended from my job and am in a union. What can the union do to help me?
As a member of a union, you may be covered by a collective bargaining agreement. You should immediately contact your union representative to see what benefits you may be entitled to as a member of the union. Further, you should contact an attorney immediately.

Can I sue my employer if I feel the employer is discriminating against me in the workplace?
Generally, you need to complain to your supervisor or human resource department about the discrimination before filing a lawsuit. If you have complained to your employer and the discriminatory conduct has not stopped, you must file a charge with the United States Equal Employment Opportunity Commission or equivalent state or local EEOC office. In Florida, you must file your charge within 300 days of the discriminatory act, or you are forever prevented from pursuing your claim. You should contact an attorney if you wish to file an EEO charge.

I am being sexually harassed at work. Can I sue my employer?
Sexual harassment is a form of discrimination. Please see answer to Q1 above.

Back to Areas of Law

I want to fire an employee and we have a contract. What can I do?
If you have a written employment contract, you must follow and abide by the terms of the contract. If the contract requires you to give written notice, or warnings of some form, then you must comply with those provisions. If you fail to honor the terms of the written contract, the employee will be able to file a suit against the company. One way to avoid problems of this type is to have an attorney assist you in drafting the contract so that your company is protected in these situations.

I lost my job. Am I eligible for unemployment?
Employees who are terminated for good cause or who voluntarily quit their jobs are not usually eligible for unemployment. However, if you believe you were fired unfairly or were forced to leave your job due to illness, poor working conditions, or other strong reasons, you may still be eligible for unemployment compensation. Under these circumstances, you should contact an attorney.

I was injured on the job. Can I get worker’s compensation benefits?
See “Worker’s Compensation” section.
Q8. I quit my job/was fired. Can I keep my health insurance?
Yes. There is a federal law, called COBRA, which requires employers to allow you to continue your health coverage after you leave your employment. You will be required to pay your employer’s share of the monthly premium as well as your own share to continue your coverage. You must notify your employer in writing of your intention to use your COBRA benefits within sixty (60) days of termination. Your right to COBRA benefits lasts for eighteen months. However, if you are disabled, you and your dependents may be eligible for COBRA benefits for up to three (3) years.