In Florida, where employment is generally at-will, employers are allowed to terminate an employee for any reason—or no reason at all—so long as it is not an unlawful reason. However, wrongful terminations can still lead to expensive legal claims, reputational harm, and internal workplace disruption. This newsletter highlights practical steps Florida employers should follow to minimize legal risk and ensure a smooth and defensible termination process.
Confirm the Termination is Lawful
Even in an at-will state like Florida, certain state and federal laws restrict terminations. Employers cannot terminate an employee for reasons that:
- •Violate federal discrimination laws (e.g., Title VII, ADA, ADEA)
- •Breach Florida Civil Rights Act (FCRA) protections (e.g., race, sex, pregnancy, religion, age, disability, marital status, national origin)
- •Retaliate against whistleblowers (e.g., Florida Whistleblower Act)
- •Punish employees for workers’ compensation claims, jury duty, or protected leave (e.g., FMLA)
Best Practice: Document the legitimate, non-discriminatory reason for termination—even if not legally required. This is your best defense in the event of a claim.
Review Employment Agreements and Policies in Advance
Although Florida is an at-will state, you may still be bound by:
- •Offer letters or contracts promising job security
- •Written disciplinary procedures or progressive discipline policies
- •Employee handbooks with implied commitments
Best Practice: Have counsel review your handbook and policies periodically to ensure they clearly state at-will employment and avoid unintentionally creating enforceable obligations.
Use a Consistent and Fair Process
While not required by law, courts and juries tend to scrutinize how terminations are carried out. Inconsistent or rushed processes can give rise to pretext claims. Recommend practices include:
- •Investigate complaints or incidents thoroughly
- •Apply policies consistently across employees
- •Provide the employee with an opportunity to respond to allegations (especially for misconduct)
Pay Attention to the Timing: Avoid Retaliation Claims
Florida law prohibits retaliation for protected activities, such as:
- •Filing internal complaints of discrimination or harassment
- •Reporting violations under the Florida Whistleblower Act
- •Taking protected medical or military leave
Proceeding with termination soon after these events can create presumption of retaliation.
Best Practice: Consult legal counsel before acting if any protected activity recently occurred.
Prepare for the Termination Meeting
A poorly handled termination meeting can escalate tensions. To maintain professionalism and reduce risk:
- •Hold the meeting in a private setting
- •Include an HR or management witness
- •Keep the conversation brief, respectful, and factual
- •Provide a written termination notice stating final pay, benefits, and any next steps
Final Pay & Separation Requirements in Florida
Florida does not require:
- •Advance notice of termination
- •Severance pay (unless promised by policy or contract)
- •Payout of unused PTO (unless required by policy)
However, the following is required:
- •Providing final wages by the next regular payday
- •Documenting any deductions from final pay
- •Clearly communicating any continued benefits (e.g., COBRA)
Consider a Separation Agreement
Offering severance in exchange for a release of claims can provide peace of mind, especially in high-risk terminations. Ensure agreements:
- •Are voluntary and clearly written
- •Provide something of value (severance) beyond what is already owed
- •Comply with federal age discrimination waiver requirements (OWBPA), if the employee is 40+
Note: A well-drafted agreement can protect against future lawsuits and reinforce post-employment obligations like confidentiality or non-solicitation.
Post-Termination Considerations
Before the employee departs:
- •Recover all company property (laptops, phones, keys, records)
- •Revoke digital access (email, systems, VPN)
- •Remind the employee of any ongoing obligations (e.g., non-compete, NDA)
In the future, keep reference checks neutral to avoid defamation or interference claims:
- •Stick to neutral references (dates of employment, job title)
- •Only disclose additional information with written consent or if required by law
Conclusion: In Florida, at-will employment gives employers flexibility, but it does not insulate against legal or reputational risks. Careful planning, documentation, and respectful communication are essential to a defensible and fair termination process.
Sarah Bachich and Bruce Loren of the Loren & Kean Law Firm are based in Palm Beach Gardens and Fort Lauderdale. Loren & Kean Law is a boutique law firm concentrating in construction law, employment law, and complex commercial litigation. Mrs. Bachich focuses her practice in employment law. Mr. Loren has achieved the title of “Certified in Construction Law” by the Florida Bar, exemplifying the Bar’s recognition of this expertise. Mr. Loren and Mrs. Bachich can be reached at bloren@lorenkeanlaw.com or sbachich@lorenkeanlaw.com or 561-615-5701.
