Filing An Employment Lawsuit in Florida

Law Office of Patrick K. Elliott > Filing An Employment Lawsuit in Florida

Image of an Employment ClaimThe Steps of Filing an Employment Lawsuit in Florida


Although the firm typically tries to settle employment claims without litigation, sometime that is not a possibility. If the evidence in your case is strong, you may have a right to recover damages against your employer. You might even have a right to get your job back depending on the circumstances.

In some cases, the employee is required to first file an administrative complaint with a governmental agency that explains their employer’s wrongdoing. In other cases, the employee can go directly to court and file a lawsuit.
Keep in mind that the deadline to file a claim or a lawsuit can be short.

As such, it is best to act quickly after you have been fired if you wish to stand up for your rights and call Patrick Elliott at

What Type of Damages are Available to Me?

In the case of wrongful termination, an employee may get compensatory damages, punitive damages, or in some cases, reinstatement to your former job.

Compensatory Damages in Employment Cases?
Compensatory damages are a type of monetary award intended make the employee “whole” . In other words, the goal is to put you in the same place you were before the unlawful acts occured.

Compensatory damages include your missed wages, back pay for unpaid wages, or other compensation you deserve because you were  wrongfully terminated. Depending on the circumstances, it might also include damage for emotional distress or mental suffering.

This type of award is usually roughly equal to what the employee would have received if he or she had not been fired. It might also include interest on the employee’s award.

Legal Costs
In many cases, employers who lose a wrongful termination lawsuit are required to pay for the legal costs of the employee’s case. Those can include expert witness fees, attorney fees, and court costs.

Punitive Damages

Punitive damages are a type of monetary punishment ordered by the court. On top of quantifiable damages, such as lost pay and legal fees, the court may punish a defendant by making him or her pay additional damages. Punitive damages are usually only awarded when the defendant did something that was particularly heinous or offensive.

Punitive damages can serve to deter the defendant from committing the same act in the future or deter others who are in similar situations as the defendant from engaging in the same wrongful behavior.

Reinstatement

In some cases, an employee may be able to either get his or her old job back, or a similar position of the same seniority.

This specific remedy, however, is somewhat rare in wrongful termination lawsuits and may not be available or even desirable for the employee. When reinstatement isn’t available due to hostility between the parties, courts will sometimes award front pay—the employee’s projected future earnings.

Now that you understand Florida’s wrongful termination laws, you may be wondering whether you have a decent legal case against your employer. This question is important because, if so, you might have a right to receive additional compensation from your employer.

There are several factors we, as lawyers, look at when determining whether potential you have a strong case. Some facts that are common to a good case include:

  • You were terminated because of your age, race, color, or religion.
  • You were terminated because you were pregnant or needed a medical accommodation during or shortly after giving birth.
  • You were terminated because you complained or had questions about your rest breaks or meal breaks.
  • You were terminated because you complained or had questions about your overtime payments.
  • You were terminated because you complained of sexual harassment.
  • You were terminated because you complained about an illegal or dangerous practice at work.
  • You were terminated because you filed a workers’ compensation claim.

If you are the victim of wrongful termination, you may be eligible for backpay, punitive damages, and compensation for emotional distress and suffering.

Protect Your Rights
If something doesn’t seem right at work, tell our lawyers about it. Our consultations are free and confidential for potential clients.

Speak to a Florida Wrongful Termination Lawyer Today

If you believe you were wrongfully terminated from your job, the Law Office of Patrick K. Elliott is here to help. Patrick Elliott will work tirelessly to assist you in your wrongful termination claim Patrick Elliott takes pride in providing effective and aggressive representation for his clients. Call the office today at (800) 563-1409 to determine if you are entitled to compensation. All consultations are provided free of charge and the firm only gets paid if you recover compensation for your case.