Wrongful Discharge/Termination in Florida: Can I Be Fired for Underperforming Even When My Boss Assigns Me Excessive Responsibilities?



Florida is an at-will employment state, meaning that, without an employment contract or collective bargaining agreement, either the employer or the employee may terminate the employment relationship at any time, with or without cause or notice. However, termination cannot be based on an unlawful or protected reason, such as discrimination, retaliation, or other violations of federal or state law.

While the circumstances you describe may appear unfair or inconsistent with internal company policy, Florida law generally does not require employers to provide progressive discipline, a performance improvement plan, or a specific reason for termination—unless the decision was made for an unlawful motive. Unlawful motives include discrimination based on protected characteristics (such as race, sex, age, national origin, disability, religion, or pregnancy), retaliation for reporting legal violations, or exercising protected rights (for example, taking FMLA leave or filing a workers’ compensation claim).

Suppose you believe your termination was connected to any protected activity or unlawful discrimination. In that case, you may have grounds to file a complaint with the Florida Commission on Human Relations (FCHR) or the U.S. Equal Employment Opportunity Commission (EEOC) within the applicable filing period (generally 300 days from the date of termination). If, however, the termination was not for a protected reason, it would likely fall within Florida’s at-will employment framework.

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