Port Charlotte, FL asked in Employment Law for Florida

Q: i was arrested but wasnt charged. my employer fired me because it was on the news and social media. is that illegal?

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2 Lawyer Answers
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: Yes. Why? Because Florida is an “at-will” state, which means private employers are free to solicit, hire, promote, demote, suspend, terminate, reinstate, and rehire employees for any reason—or for no reason--at any time, i.e., “at will.” The only thing employers cannot lawfully do is to make any of these employment decisions solely based upon the employee’s race, gender, age, national origin, handicap, disability, religion, or whether single, married, or pregnant.

Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: I basically agree with the prior answer by Mr. Minnick. There are also other potential unlawful reasons for termination, such as retaliation for making a discrimination complaint, making a whistleblower report, or making a worker's compensation claim. or if the termination breaches terms of a written employment contract. Also, you didn't say whether your employer is private or public. I'm guessing it's a private one, but if it happens to be a governmental entity, employees generally have certain rights regarding procedures that must be followed prior to termination and regarding appealing the termination. Other than the general guidelines outlined by me and Mr. Minnick (which might not include all unlawful scenarios), a private employer in Fla., unfortunately, can fire you simply because they don't like you, or simply because they feel like it.

HOWEVER, if the employer fires you for a reason (or non-reason) other than misconduct on the job, you might be eligible for Reemployment Assistance (also called unemployment compensation). See: https://www.floridajobs.org/Reemployment-Assistance-Service-Center/reemployment-assistance/claimants/apply-for-benefits

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