It’s a Trick question!
The answer is both. One of the most common misconceptions I find clients make is when they believe they can be fired for any reason because Florida is a “Right to Work” state. This is true but the term is mixed up. Florida is two things at one time – a Right to Work and Employment At-Will state. Let’s clear these up.
Employment “At-Will”
The truth is that you can be fired in Florida anytime for a good reason, a bad reason, or no reason at all. This legal principle is actually called “Employment At-Will.” While this is a general rule, there are many exemptions to the “at-will” doctrine. An employer can fire you for a bad reason or “any reason” as long as it not illegal. A good example of an illegal reason is that an employer cannot terminate you based on your membership in a protected class. Even if you were an “at-will” employee, there would be cause of action if your civil rights were violated.
Some other exceptions to “at-will” employment are when employees in Florida have contracts at work or are members of a union. Those relationships can provide a different employment status than “at-will.” A contract, for example, may provide a period of time that you are guaranteed employment and can set forth certain “for cause” conditions that you can be terminated over. In other words, there must be a specific reason to terminate you.
Right to Work
“Right to Work” stands for the legal principle that you are free to decide whether you join a union. You cannot be forced to join a union or vice versa. This rule is set forth in Florida’s constitution and is a popular phrase often mistaken as the “Employment At-Will” concept.
The Montone Law Firm, P.A. handles claims involving many employment issues and can provide a free case evaluation if you need assistance. You can call 407-565-8228 or click here to get started.
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