Was I fired based on discrimination? 

Wrongful termination based on discrimination occurs when an employee is unlawfully fired due to their membership in a protected class or category. In St. Petersburg, Florida, such discrimination leading to wrongful termination encompasses various legal complexities. For discriminatory actions to be legally actionable, they must result in an “adverse employment action.” While wrongful termination is the most common form of adverse employment action, other actions such as demotions, denial of promotions, pay reduction, or transfer to a less desirable position are also legally actionable. 

In order to pursue legal action for wrongful termination based on discrimination, you must be a member of a protected class. The following is a non-exhaustive list of protected classes in St. Petersburg, Florida: 

1. Race, Color, or Ethnicity: If you were fired based on your race, skin color, or ethnic background, or even due to the race of someone you associate with, like a family member or co-worker, it may be considered wrongful termination. More information about race discrimination and how we can help is available here.
2. National Origin: Terminating employment because of a person’s origin from a particular country or specific national background is a form of discrimination that may lead to wrongful termination.
3. Sex, Sexual Orientation, or Gender Identity: Firing an employee due to their sexual orientation (e.g., lesbian, gay, bisexual) or their sex or gender identity, including discrimination against women, men, transgender individuals, or those who do not conform to traditional gender norms. More information about sexual orientation and gender identity based discrimination is available here.
4. Age: If your employment was terminated because you are over the age of 40, it may constitute wrongful termination based on age discrimination.
5. Disability: Discharging an employee because of physical or mental disabilities or even if the employer simply believes the employee has a disability can be grounds for a wrongful termination claim. More information about disability discrimination and how we can help is available here.
6. Religion: If you were dismissed because of your religious beliefs or practices, it may be considered wrongful termination based on religious discrimination.
7. Pregnancy: Ending employment due to an individual’s pregnancy, childbirth, or related medical conditions may be deemed wrongful termination.
8. Genetic Information: Firing an employee based on their genetic information or characteristics is a form of discrimination that can lead to wrongful termination.

If you believe you were terminated because you are a member of one of these protected classes, it is crucial to seek legal assistance to protect your rights. Our highly skilled wrongful termination attorneys at Cantrell Schuette, P.A. are here to help. Call us at (727) 509-6555 or email coordinator@caklegal.com to schedule your free initial consultation. Don’t let wrongful termination go unchallenged – let our experienced team fight for your rights.

What Laws Apply to Wrongful Termination Cases in St. Petersburg, Florida?

Several federal, state, and local laws protect employees from wrongful termination in St. Petersburg, Florida. At Cantrell Schuette, P.A., we are committed to fighting for your rights in cases involving discrimination in the workplace. We assist clients in navigating the intricate legal landscape of workplace discrimination using federal laws such as the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and the Equal Pay Act. We are also well versed in wrongful termination claims under the Florida Civil Rights Act and Pinellas County’s Human Rights Ordinance. 

Title VII of the Civil Rights Act

Title VII of the Civil Rights Act of 1964 is a landmark federal law that aims to prevent employment discrimination based on protected categories such as race, color, religion, sex, or national origin. Applicable to employers with 15 or more employees, as well as labor unions and employment agencies, the law seeks to ensure equal employment opportunities. While it is a federal law, enforcement and applications occur at both federal and state levels.

Title VII’s provisions encompass the prohibition of discrimination in various aspects of employment, including hiring and firing decisions based on membership in a protected class, retaliation protection for individuals engaged in protected activities, requirements for reasonable accommodation of religious beliefs, addressing both disparate impact and treatment cases, and sexual harassment. In St. Petersburg, Florida, the application of Title VII is crucial for maintaining a diverse and harmonious work environment. Cantrell Schuette, P.A. is prepared to guide clients through the complexities of employment discrimination cases, ensuring the protection of their rights under the law.

Age Discrimination in Employment Act (ADEA)

The Age Discrimination in Employment Act (ADEA) was enacted to protect individuals over the age of 40 from unjustified age-based discrimination in the workplace. It addresses various entities, including private employers, government entities, employment agencies, and labor organizations. The ADEA prohibits discriminatory actions in hiring, firing, promotions, compensation, benefits, assignments, and training, as well as harassment based on age. Our attorneys located in St. Petersburg, Florida, specialize in employment law and assist both employers and employees in navigating ADEA complexities.

Americans with Disabilities Act (ADA) 

The Americans with Disabilities Act (ADA), established in 1990, addresses employment discrimination against qualified individuals with disabilities. Applicable to private employers, state and local governments, employment agencies, and labor unions with 15 or more employees and extends to federal sector employees. The law covers individuals with disabilities, those with a history of impairments, and those perceived as having such impairments. Qualified individuals with disabilities, defined as those capable of performing essential job functions with or without reasonable accommodations, are protected. Firing an employee with a disability may provide grounds for a wrongful termination claim. The ADA allows covered employers to terminate employees with disabilities only under three conditions: (1) the termination is unrelated to the disability; (2) the employee does not meet legitimate requirements for the job, such as performance or production standards, with or without a reasonable accommodation; or (3) because of the employee’s disability, he or she poses a direct threat to health or safety in the workplace. Additionally, retaliation against those opposing disability discrimination is prohibited.

Florida Civil Rights Act 

The Florida Civil Rights Act (FCRA), enacted in 1992, serves as a crucial protection against discrimination in various domains, particularly in employment settings. Mirroring key components of the federal Civil Rights Act of 1964, the FCRA adds an additional layer of protection at the state level. Prohibiting discrimination based on various protected characteristics, the FCRA ensures a fair and equitable workplace for individuals in St. Petersburg, Florida. It guards against discrimination on the basis of characteristics such as national origin, age, marital status, sex, religion, pregnancy, race and color, and disability. The FCRA establishes clear boundaries for prohibited actions in employment, preventing wrongful termination and mandating equal compensation for equivalent tasks.

Under the FCRA, employers are explicitly forbidden from making decisions based on protected characteristics, and the creation of a hostile work environment through offensive behaviors is considered a violation. Retaliation against employees asserting their FCRA rights or participating in discrimination investigations is prohibited. The FCRA also mandates equal compensation regardless of protected attributes. If individuals believe they have experienced employment discrimination in St. Petersburg, they have the right to file a complaint with the Florida Commission on Human Relations (FCHR), with adherence to specific timelines and procedures. Seeking legal counsel, such as Cantrell Schuette, P.A., specializing in employment law and discrimination cases, is advisable for effective navigation of the process.

Pinellas Human Rights Ordinance

The Pinellas Human Rights Ordinance is a local county ordinance that protects employees in Pinellas County, including St. Petersburg, from wrongful termination based on discriminatory retaliation. The ordinance prohibits employers from engaging in discrimination during the hiring process, termination, or establishment of employment conditions. This includes discrimination based on race, color, religion, national origin, gender, sexual orientation, age, marital status, or disability. Gender-based discrimination encompasses sexual harassment and pregnancy discrimination. Also, it is illegal to retaliate against individuals who oppose discriminatory practices or participate in related processes. 

At Cantrell Schuette, P.A., our attorneys are well-versed in these federal, state, and local laws, and can assess the circumstances surrounding your termination to determine if it qualifies as illegal. If you believe you have been wrongfully terminated, contact us today for a confidential, free consultation at (727) 509-6555 or coordinator@caklegal.com.

I think I was wrongfully terminated, what do I do now?

As an employee located in St. Petersburg, Florida, it is essential to recognize and assert your legal rights in the face of wrongful termination. If you suspect that you were unlawfully terminated due to your employer’s prejudice or retaliation, you may be entitled to compensation, including lost wages, emotional distress, and other damages. Cantrell Schuette, P.A., with its proficient legal team, holds years of experience in St. Petersburg, dedicated to safeguarding the rights of employees and pursuing the compensation they rightfully deserve.

To address a wrongful termination, it is crucial to understand the circumstances surrounding your dismissal and begin gathering evidence to support your claim. Documentation of any discriminatory actions or statements made by your employer is vital in building a strong case. 

Taking the next step in protecting your rights involves seeking the advice of an attorney specializing in employment law. Our guidance spans from filing complaints with agencies like the Equal Employment Opportunity Commission (EEOC), the Florida Commission on Human Relations (FCHR), or the Pinellas County Office of Human Rights to potential involvement in litigation or mediation. Our attorneys are unwavering in their dedication to advocating for workplace equality and justice, working towards an environment where every individual is treated with fairness, and discrimination is effectively challenged.

Contact Cantrell Schuette, P.A. today for a free initial consultation at (727) 509-6555 or coordinator@caklegal.com. Our legal team is dedicated to helping you navigate through the complexities of wrongful termination cases and pursuing the justice and compensation you rightfully deserve.

How difficult is it to win a wrongful termination case and what is a claim worth? 

In St. Petersburg, Florida, proving a wrongful termination case can be challenging due to many employers being aware of employment laws and avoiding open retaliation or discrimination. Wrongful termination claims are often substantiated through circumstantial evidence, requiring the employee to present all relevant circumstances to a judge or jury. This includes identifying patterns of differential treatment among employees or highlighting the time frame between the employee’s “protected activity” and termination.

As for the worth of filing a wrongful termination claim, compensation may be available for lost wages and nonpecuniary compensatory damages. Lost wages include back pay for the period until the case concludes and front pay for future lost wages, with the requirement for the employee to mitigate losses by seeking comparable employment. Damages for pain and suffering may be available in some cases. Consulting a skilled employment attorney from Cantrell Schuette, P.A. in St. Petersburg is recommended for achieving the best possible outcome.

The process of gathering and presenting evidence, as well as persuading a judge or jury, requires skill and determination. Likewise, degerming the worth of your case is highly fact specific and requires complex legal calculations. Cantrell Schuette, P.A. is here to help. We provide a free, no-commitment initial consultation. Contact us today to speak with one of our knowledge wrongful termination lawyers at (727) 509-6555 or coordinator@caklegal.com.

I was terminated while on FMLA leave, what can I do? 

If you have been terminated while on Family and Medical Leave Act (FMLA) leave, you may be facing a situation of wrongful termination. The FMLA is a federal labor law that grants eligible employees the right to take up to 12 weeks of unpaid leave for qualifying family and medical reasons. This leave is designed to allow employees to balance work responsibilities with family needs and medical conditions. During FMLA leave, group health benefits must continue, and employees are guaranteed the right to return to their original position or an equivalent role. 

To be eligible for FMLA benefits, employees must meet specific criteria. They should have worked for a covered employer for at least 12 months, accumulated 1,250 hours of service in the 12 months preceding the leave, and be employed at a location where the employer has at least 50 employees within a 75-mile radius. Covered employers include private-sector employers with 50 or more employees, public agencies, and local educational agencies.

Cantrell Schuette, P.A., located in St. Petersburg, Florida, specializes in employment law, including FMLA matters. If you find yourself terminated during FMLA leave, the firm can provide legal assistance and consultations to help you navigate through the complexities of your situation. If you are dealing with wrongful termination after taking FMLA leave, we invite you to contact us for a free consultation at (727) 509-6555 or coordinator@caklegal.com.