How to File a Lawsuit Against a Company
Florida law allows companies the right to terminate an employee for any reason. However, that does not mean the company can violate the person’s rights. In some situations, someone getting fired falls under the category of wrongful termination.
At-will employment means that your employer can fire you for any reason unless you have a contractual agreement that says otherwise. Additionally, they don’t need to provide you with any information or advance notice.
Some companies utilize at-will employment and routinely cut employees’ hours, demote, or terminate them for no reason. They are well within their rights to do so if they don’t violate state or federal labor laws.
What is Wrongful Termination?
Wrongful termination is a legal term meaning that an employee was fired and that their termination violated state or federal laws. In most cases, wrongful termination involves a contract violation or discrimination of some sort.
The federal US Equal Employment Opportunity Commission (EEOC) protects employees from discrimination and wrongful termination due to color, religion, race, sexual orientation, pregnancy, gender identity, age, national origin, disability, and other genetic traits.
Additionally, state agencies protect employees against discrimination. Some of them include:
- Age Discrimination in Employment Act (ADEA)
- American Disabilities Act (ADA)
- Fair Labor Standards Act (FLSA)
- Family Medical Leave Act (FMLA)
- Florida’s Private Whistleblower’s Act
- Florida’s Public Whistleblower’s Act
- Pregnancy Discrimination Act
If an employee endures discrimination or sexual harassment, they may be wrongfully terminated if they report it to a superior or file a claim against the company.
Do I Have a Case?
The first step in determining whether you have a wrongful termination case is to consult an employment attorney who can help you assess the facts and proceed legally if the situation warrants it.
How to Sue a Company
Once you have determined that your termination was unlawful, you should hire an employment attorney to help you file a lawsuit against the company to get you damages and compensation for your loss.
Keep in mind each situation is very different, and there can be complexities. Your employment lawyer will guide you through the process, help you gather evidence, and file all the necessary paperwork.
It will be your job to assist by gathering the proper documentation, which may consist of:
- Pay stubs
- Routine employment evaluations
- Employment records
- Employee handbook
- Contracts or employment agreements
- Termination notice
- Emails or other correspondence between you and your boss
You may have only 180 days after you were terminated to file a lawsuit. Therefore, it’s essential that you contact your attorney as soon as possible to get the process started.
Contact Haber Law today for help. We specialize in employment law and wrongful termination.