Legal Question in Employment Law in Florida
Untrue statements,resulted in termination
Husband employed with company for 15 yrs.Was terminated on phone with accusations of being not trusted,breaking confidentually rules.Also ignorant behavior unexcusable.''relative policy''of a''step-relationship''working within my husbands area not reported.My husband never hired this person.Husband believed there were no relationship there,person is 26 and he never raised her.My husband never had one write up,no performance counseling,nothing over these past 15yrs.My husband is 43.This policy seems to be ignored in the past, and is ignored now in this company but fired my husband over it.How can one policy be ok for some and not others?Shouldnt a big company be consistent with the policies and procedures? This isnt a mom and pop company.Its a well known establishment all over the world.What a bout all the hard work and dedication my husband has put into this company to just be terminated by phone!What about slandering his name in this company?Where are his rights considering his dedication and loyalty.Like he was some kind of criminal.Arent there exceptions to the at will employment in florida? example,long term employment,43 yrs of age.no performance counselings,write ups,etc.Before firing someone?Thank you.
1 Answer from Attorneys
Re: Untrue statements,resulted in termination
Based on the facts provided, it unfortunately seems that while your husband's termination may have been unfair, it was most likely not illegal. There are no real exceptions to the at-will rule in Florida; as a result, even where someone has worked for a company for 20 years without any performance problems, the employer is legally entitled to the terminate an employee such as they were on that person's 1st day of work. That being said, if his employer's decision was motivated by an illegal reason, such as age (if it is removing all 40-somethings, for example, in favor of 20-somethings, race, gender, national origin, religion, gender/sex, disability or another characteristic specifically protected by statute, then his termination would be unlawful. For further assistance, please feel free to contact me at (305) 755-9441.
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