Florida operates based on at-will employment. This means that employers can terminate employees at any time without reason or notice. This law also gives employees the right to quit without providing a reason or notice.
In Florida, which is an at-will employment state, an employer can fire you for any reason or no reason at all, as long as it's not illegal (e.g., discrimination).
In Florida, legal conditions for an employee to make a wrongful termination claim against their employer may include: Breach of contract – if employee works under a contract. Discrimination – employee is terminated because of race, age or other protected category. Refusal to participate in discrimination.
Example of an At-Will Employment Clause Here's one we've put together for you: “Your employment with employer name is at-will. This means your employment is for an indefinite period of time and it is subject to termination by you or employer name, with or without cause, with or without notice, and at any time.”
In my own practice, I say the following words to explain the concept of at-will employment to nearly every potential client I meet with: as an at-will employee your employer can terminate you for any reason (good, bad, or for no reason at all) at any time as long as your employer does not fire you due to a protected ...
The clause should clearly state the at-will nature of the employment relationship: “This employment relationship is 'at-will,' which means that either the employee or the employer may terminate the employment at any time, with or without cause or prior notice.
In Florida, employment is “at will”, meaning that either the employer or the employee can end the employment relationship at any time without reason unless you have an employment contract or union agreement governing the terms of your employment or work for a government employer.
To legally terminate an employee in Florida, start by documenting the reasons for termination, ensuring they are valid and not discriminatory. Review your company's policies or employee handbook for specific procedures. Provide the employee with a clear explanation of the reasons for termination.
As we mentioned earlier, Montana is the only state that doesn't follow at-will employment. In Montana, employers must have a valid reason for terminating an employee, and employees can only be fired for just cause.
Prospective employees are similarly drawn to this arrangement as it provides flexibility to quit at any time for any reason. For example, an employee who is unhappy at work or has been offered a better job can simply quit — no questions asked.