Wrongful Termination Explanation:
This video is a wrongful termination explanation under Florida Law, and the elements which explains what wrongful termination is in the State of Florida. This video is presented by Maurice Arcadier, a board certified labor and employment lawyer with 19 years of experience, and is AV rated.
Wrongful termination, in order to be illegal, must be based on a violation of a law, rule or regulation. Illegal can be based on civil or criminal laws, but nonetheless, must be based on something that the law recognizes as illegal in order for it to be actionable under the law. Unfair, unjust, or lack of a good fit is almost never a basis for a wrongful termination lawsuit.
Oftentimes, many clients come in for legal advice describing facts which are not legally actionable. However, good and experienced attorneys are able to provide sound legal advice and explore all elements of the employment relationship. It is common for a case to be legally actionable in other aspects such as wage pay, contract law, or other legal avenues afforded under the law that are prevalent during the employment relationship.
Moreover, it is often misunderstood that even if a former employee does not have a wrongful termination case, usually employees are still entitled to Unemployment Benefits, Continuing Healthcare through COBRA, and even severance pay if afforded via a contract. Additionally, it is often beneficial for the former employee and employer to have closer in the employment relationship. So, even if the law does not require severance pay to the terminated employee, most employers do (or should) offer severance to terminate the employee relationship amicably, to protect confidential information, and to avoid disparagement of the company.
Attorney: Maurice Arcadier
Our Melbourne office is centrally located in Brevard County, enabling our lawyers to serve clients throughout Central Florida, including Cocoa Beach, Palm Bay and Vero Beach.