What is wrongful termination in Tampa, Florida? 

Many employees in Tampa, Florida are facing or have faced termination based on an employer’s discrimination or unlawful retaliation. Wrongful termination is an umbrella term used to describe instances where an employee is terminated because they are a member of a “protected category”, i.e., race, national origin, gender, sexual orientation, religion, age, disability, genetic information, and pregnancy, or because the employee participated in a “protected activity” such as reporting an employer’s violation of law. 

Despite Florida’s status as an “at will” employment state, it remains illegal for employers to take a discriminatory or retaliatory “adverse employment action” against a Tampa employee. Wrongful termination is the most common “adverse employment action,” however demotions, denying a promotion, reducing pay, or transferring to a less desirable position are also legally actionable.

If you think you may be or have been wrongfully terminated, contact Cantrell Astbury Kranz, P.A.’s outstanding team of lawyers today for a free initial consultation at (813) 705-6275 or coordinator@caklegal.com

What constitutes wrongful termination based on an employer’s discrimination in Tampa, Florida? 

Wrongful termination based on discrimination occurs when an employee is unlawfully fired from their job due to their membership in a protected class or category. 

In Tampa, Florida discrimination culminating in wrongful termination includes:

• Discrimination based on race, color, or ethnicity: Firing an employee because of their race, skin color, or ethnic background or even the race of someone they associate with, like a family member or co-worker. 
• Discrimination based on national origin: Ending the employment of a person because they are from a particular country or have a specific national origin.
• Discrimination based on sex, sexual orientation, or gender identity: Terminating an employee because of the employee’s sexual orientation (e.g., lesbian, gay, bisexual) or their sex or gender identity, including discrimination against women, men, transgender individuals, or individuals who do not conform to traditional gender norms.  
• Discrimination based on age: Letting an employee go because they are over the age of 40. 
• Discrimination based on disability: Discharging an employee because of their physical or mental disabilities or even because the employer simply believes the employee has a disability. 
• Discrimination based on religion: Dismissing an employee because of their religious beliefs or practices.
• Discrimination based on pregnancy: Ending the employment of an individual because of their pregnancy, childbirth, or related medical conditions. 
• Discrimination based on genetic information: Firing an employee based on their genetic information or characteristics.

If you were fired because you are a member of one of these protected classes, it is imperative that you seek legal assistance to protect your rights. 

Contact Tampa’s highly skilled wrongful termination attorneys at Cantrell Astbury Kranz, P.A., today for a free initial consultation at (813) 705-6275 or coordinator@caklegal.com.

What constitutes unlawful retaliation in Tampa, Florida? 

Unlawful relations by employers resulting in the termination of an employee occurs in every Tampa industry. In Florida, unlawful retaliation typically refers to adverse actions taken by an employer against an employee in response to the employee engaging in protected activities. The Florida Civil Rights Act (FCRA), the Florida Whistleblower Act, and federal laws, such as  Title VII of the Civil Rights Act of 1964, provide protections against retaliation in the workplace when an employee participates in an protected activity. These protected activities may include:

1. Filing a complaint or participating in an investigation of alleged discrimination or harassment based on race, color, national origin, sex, religion, disability, or other protected characteristics.
2. Opposing discriminatory practices or policies in the workplace.
3. Requesting reasonable accommodation for a disability or religious practice.
4. Participating in labor union activities or protected concerted activities.
5. Reporting unlawful behavior. 

If you believe you have been subjected to unlawful retaliation, you may have the right to file a complaint with the appropriate federal or Florida state agency, such as the U.S. Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR). 

Notably, retaliation claims are frequently difficult to prove because employers often have legitimate reasons for their actions. However, if the adverse action was motivated by retaliation, you may be entitled to damages, including back pay, reinstatement, and compensation for emotional distress. Make sure to document any incidents of retaliation or harassment, report any unlawful conduct to your employer or a government agency, and seek legal advice as soon as possible.

The experienced lawyers of Cantrell Astbury Kranz, P.A. are prepared to help you understand your rights, gather evidence, and pursue legal action if necessary. Contact our team today for a free initial consultation at (813) 705-6275 or coordinator@caklegal.com.

What can I do if I think I am about to be wrongfully terminated? 

If you are an employee in Tampa, Florida who believes that you are about to be wrongfully terminated, it is essential that you take proactive steps to protect yourself as soon as possible. You should begin by gathering all relevant information supporting your claim for wrongful termination. Relevant information includes messages, texts, emails, and other documentation evidencing your employer’s discriminatory or retaliatory actions. 

Next, familiarize yourself with Florida’s laws and regulations regarding wrongful termination with an emphasis on the specific type of discrimination or retaliation you think that your employer is going to use as a reason for your termination. Familiarity with Florida’s wrongful termination laws and rules will aid you in determining whether your employer’s actions are illegal. Remember, knowledge is power. 

Finally, prepare yourself for conversations or meetings with your employer regarding your impending termination. Preparing specific reasons and concerns for why you believe that you are being wrongfully terminated will enable you to remain calm and articulate clearly with your employer. Similarly, asking your employer to provide detailed explanations for why they are letting you go will prevent them from inventing new reasons after the fact. 

At the end of the day, the best way to protect yourself is to reach out to an experienced Tampa employment lawyer. Contact Cantrell Astbury Kranz, P.A.’s knowledgeable wrongful termination attorneys today for a free initial consultation at (813) 705-6275 or coordinator@caklegal.com.

What should I do if I have been wrongfully terminated? 

As an employee located in Tampa, Florida, remember that you have certain legal rights when it comes to your employment, including the right to not be fired illegally. If you were wrongfully terminated based on your employer’s prejudice or revenge then you may be entitled to compensation, such as lost wages, emotional distress, and other damages. Cantrell Astbury Kranz, P.A.’s proficient legal team as years of experience in Tampa protecting the rights of employees and recovering the compensation they deserved. 

If you believe that your termination was unlawful, it is imperative that you find out why your employer fired you and begin collecting evidence of any wrongdoing. It is crucial that you assemble as much concrete evidence as possible to support your claim, specifically documentation of any discriminatory actions or statements made by your employer. 

Contacting an attorney specializing in employment law is an important step in protecting your rights. Contact Cantrell Astbury Kranz, P.A. today for a free initial consultation at (813) 705-6275 or coordinator@caklegal.com.

How hard is it to prove a wrongful termination case in Tampa, Florida? 

Today many employers are savvy in employment law, so they are not openly retaliatory or discriminatory. Therefore, proving a wrongful termination case can be tricky.  Fortunately, wrongful termination claims are regularly proven through circumstantial evidence. The process can be very labor-intensive as it requires the employee to present all the circumstances surrounding the case to a judge or jury and then successfully argue why the circumstances show bad action on the part of the employer. This will include finding  patterns of differential treatment among employees or focusing on the  time frame between the employee’s “protected activity” and their termination. 

Be aware that only supervisors can terminate an employee. A co-worker’s prejudice or vengeance is not sufficient for a wrongful termination case. However, if a co-worker alone was responsible for discrimination and the employee reported it to their employer, then they might have a harassment case. 

Because gathering and presenting evidence, and then persuading a jury or judge inevitably requires great skill and determination, we highly recommend that you reach out to an employment lawyer. Get your free consultation with an experienced employment attorney at Cantrell Astbury Kranz, P.A. by contacting us today at (813) 705-6275 or coordinator@caklegal.com.

Is filing a wrongful termination claim against my employer worth it? 

If you were wrongfully terminated by our employer, you may be entitled to compensation. Determining damages in a wrongful termination case normally involves a calculation of your lost wages and nonpecuniary compensatory damages (often called pain and suffering). 

There are two types of lost wages: back pay and front pay. Back pay is for your lost wages from termination until the case is over, while front pay is for lost wages from the end of the case onward into the future for a determined amount of time. Note, employees must attempt to find new comparable employment to mitigate their losses. If the new job pays less, then the employee will be entitled to the difference in pay. 

Recovery for pain and suffering is highly specific to each individual. The EEOC considers the following categories: (a) emotional pain and suffering, (b) inconvenience, (c) mental anguish, (d) loss of enjoyment of life, (e) injury to professional standing, (f) injury to character or reputation, (g) injury to credit standing, (h) loss of health, (i) fright, (j) shock, (k) humiliation, (l) indignity, (m) apprehension, (n) marital strain, (o) loss of self-esteem, (p) anxiety, (q) depression, (r) loss of respect of one’s friends and family, (s) isolation, and (t) grief. How these categories play out in your case will ultimately affect your recovery, so utilizing a highly adept employment attorney will help you achieve the best outcome possible. 

Contact Cantrell Astbury Kranz, P.A.’s Tampa wrongful termination attorneys today for a free initial consultation at (813) 705-6275 or coordinator@caklegal.com.