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WRONGFUL DISCHARGE

Under Florida law there is no legal cause of action for wrongful discharge. For a discharge from employment to be unlawful, it would have to be in violation of one of the specific federal and state laws. Even though a discharge may be "unfair," "unjust," "stupid," or even just because a boss wants to hire a son, daughter, girlfriend, or boyfriend, it does not necessarily give an employee a legal basis for suing the boss or employer. To file a lawsuit against an employer, the employer would have to have breached its contract with the employee (or union agreement, etc.), or be in violation of a specific government law, rule or regulation, or committed a common law "tort" such as fraud, failure to pay wages, failure to pay commissions earned, etc. Wrongful Discharge is not a common law tort in Florida.

 
       

Akers & Boswell, PA
2161 Palm Beach Lakes Boulevard, Suite 407
West Palm Beach, Florida 33409
(561) 547 6300 - (561) 828 9212 FAX