St. Petersburg Employment Attorneys, Franchise Law & Business Litigators

Normally, yes, but not always. In St Petersburg, Florida, employers typically have the legal authority to terminate employees without cause, provided certain conditions are met. This principle is known as “at-will employment.” In an at-will employment relationship, both the employer and the employee have the freedom to end the working relationship at any time, and for various reasons, or even for no reason at all. This flexibility is one of the defining features of employment in Florida.

However, it’s important to recognize that while employers generally have this discretion, there are still legal boundaries and potential consequences if termination occurs in a manner that violates other laws, contractual agreements, or public policy. Understanding these exceptions is crucial for both employers and employees to navigate the complexities of employment law in Florida.  Here are some key exceptions to Florida’s “at-will” employment:

Discrimination: While an employer can terminate you without specifying a reason, they cannot do so in a way that contravenes state or federal anti-discrimination laws. For instance, if you’re fired because of your race, gender, age, religion, disability, or another protected characteristic, it could be deemed unlawful discrimination under Title VII of the Civil Rights Act or the Florida Civil Rights Act.

Retaliation: Termination or other adverse employment actions in retaliation for an employee’s exercise of certain legal rights or protected activities, such as whistleblowing or asserting workers’ compensation rights. Employers are prohibited from punishing employees for engaging in these activities.

Employment Contracts: If you have an employment contract or agreement specifying the terms and conditions of your employment, including the grounds for termination, it may override the default at-will employment arrangement. These contracts can provide job security by outlining the circumstances under which termination is permissible.

While at-will employment in Florida generally permits employers to terminate employees without cause, it does not absolve them from adhering to other applicable laws and contractual obligations. If you suspect that your termination was unjust or unlawful, it’s advisable to consult with an experienced wrongful termination attorney like those at Cantrell Schuette, P.A. We can assess your situation and help you understand your legal rights and potential courses of action.

It depends. In Florida, the Family and Medical Leave Act (FMLA) offers crucial protection for employees who need to take medical leave. This federal law allows eligible employees to take up to 12 weeks of unpaid leave within a 12-month period for specific family and medical reasons, without the fear of being fired. To qualify for FMLA protection, you must work for a covered employer, which includes private-sector employers with at least 50 employees for 20 workweeks, public agencies, and local educational agencies. Additionally, you need to meet specific criteria, including hours worked and months of employment. 

If you’re dealing with a serious health condition, whether it’s your own or that of a family member, you may be able to take advantage of FMLA’s job-protected leave. During this leave, your employer must maintain your health insurance coverage, though you may need to continue making regular contributions. This job protection aims to alleviate the stress of choosing between work and family during critical medical circumstances.

You have flexibility in using FMLA leave, whether it’s taken continuously or in smaller blocks, and you can even opt for part-time leave if medically necessary. While FMLA leave is unpaid, you can use any accrued paid leave like sick or vacation time in conjunction with it to continue receiving payment during your time off, subject to your employer’s policies. Importantly, taking FMLA leave cannot be used against you in employment matters such as hiring, promotions, or disciplinary actions.

If you encounter any issues related to FMLA leave in Florida, seeking guidance from experienced employment attorneys like Cantrell Astbury Kranz, P.A., is advisable to ensure your rights are protected during challenging times. We can be reached at (727) 509-6555 or coordinator@caklegal.com for a consultation.

In Florida, violating a non-compete agreement can lead to serious legal consequences and potentially high liabilities. These agreements restrict employees from working for or starting a competing business within a specified time and geographic area after leaving their current employer. If you breach such an agreement, your former employer can take legal action against you, seeking injunctive relief and possibly monetary damages. The court will evaluate the agreement’s enforceability under Florida’s non-compete statute, § 542.335, considering factors like its duration, geographic scope, and necessity to protect the employer’s legitimate business interests. Defenses may be available, and negotiation or settlement could also be options to resolve disputes.

It’s essential to seek legal advice from an experienced St. Pete non-compete attorney in Florida if you believe you’ve violated a non-compete agreement or have concerns about its enforceability. Violating such an agreement can affect your future employment prospects, and the outcome of your case will depend on the specific circumstances and legal arguments involved. Consulting with an attorney can help you navigate the complex landscape of non-compete laws in Florida and protect your interests.

If you are in need of assistance or have questions concerning non-compete agreements, contact us today at (727) 509-6555 or coordinator@caklegal.com for a consultation.

Generally, yes. In Florida, employment is considered “at-will,” which means that both the employer and the employee have the right to terminate the employment relationship at any time, for any reason, as long as it is not in violation of federal or state law or a valid employment contract. 

It is important to understand that while Florida does allow employers to require employees to sign non-compete agreements under certain circumstances, these agreements must meet specific legal criteria to be enforceable. Non-compete agreements in Florida must be reasonable in terms of time, geographical area, and the nature of the restrictions they impose. If an employer presents you with an overly broad or unreasonable non-compete agreement, it may not be enforceable in court.

If you have concerns about a non-compete agreement presented by your employer or believe you were terminated unfairly, it is wise to seek legal counsel to protect your rights and interests. For guidance on non-compete matters, contact us at (727) 509-6555 or coordinator@caklegal.com 

Unlawful employee retaliation is unfortunately not uncommon, but employees in St. Petersburg, Florida are have legal protections in place. Cantrell Schuette, a specialized employment law firm, is dedicated to helping employees who have faced illegal retaliation by their employers. Our experienced team serves employees across all industries, from high-level executives to non-management workers, ensuring that they can work in an environment free from unlawful retaliation.