Wrongful Termination in Florida
Reviewed by DocDraft Legal Team - Florida - Last updated November 11, 2026
Wrongful termination in Florida usually depends on a statute or on the terms of an employment contract, because Florida does not recognize a common law cause of action for wrongful discharge. Discrimination claims under the Florida Civil Rights Act go to the Florida Commission on Human Relations, which takes complaints within 365 days of the alleged violation against employers with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. The Florida Private Whistleblower Act protects employees of private employers with ten or more people, with a lawsuit due within 2 years after discovering the retaliation or 4 years after it was taken, whichever is earlier. The EEOC's Florida offices give 300 days to file a federal charge against an employer with 15 or more employees, or 20 or more for age.
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What counts as wrongful termination in Florida?
Florida employment is at-will, and Florida does not recognize a common law cause of action for wrongful discharge, so most claims rest on a statute or on an employment contract. Statutes include the Florida Civil Rights Act and the Private Whistleblower Act, which covers private employers with ten or more employees.
Where do you file a discrimination complaint in Florida, and by when?
File with the Florida Commission on Human Relations within 365 days of the alleged violation. The act covers employers with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. EEOC charges (15+ employees, 20+ for age) are due 300 days from the date of harm.
How long do you have to sue after a Florida Commission on Human Relations complaint?
After a cause determination or an EEOC right-to-sue notice, sue within 1 year of whichever is earlier. If the commission does not decide within 180 days, sue within 1 year after it certifies mailing its notice. If neither a cause determination nor an EEOC notice comes within 180 days, you may sue up to 18 months after filing.
What should you do about a final paycheck after being fired in Florida?
Ask for your unpaid final wages in writing, stating the amount, the pay period and the hours worked, and keep a copy along with your pay stubs. A written final paycheck demand letter creates a record of what you asked for and when.
Florida wrongful termination rules
Florida wrongful termination claims mostly rest on statutes. As federal courts applying Florida law have held, Florida does not recognize a common law cause of action for wrongful discharge, so a fired employee usually relies on a specific statute or on the terms of an employment contract. The Florida Civil Rights Act of 1992 (Fla. Stat. 760.01 to 760.11) covers employers with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and a complaint to the Florida Commission on Human Relations must be filed within 365 days of the alleged violation. That is longer than the 300-day EEOC charge deadline in Florida for employers with 15 or more employees, so the EEOC deadline comes first. The Florida Private Whistleblower Act (Fla. Stat. 448.101 to 448.105) applies to private employers with ten or more persons and bars retaliation against an employee who objected to, or refused to participate in, a practice that violates a law, rule or regulation. A whistleblower suit must be filed within 2 years after discovering the retaliatory personnel action, or within 4 years after it was taken, whichever is earlier.
Relevant Laws
Fla. Stat. 760.11 (FCHR complaints and lawsuits)
A complaint may be filed with the commission within 365 days of the alleged violation; the section sets the lawsuit deadlines that follow.
Fla. Stat. 760.02 (employer definition)
An employer is any person employing 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.
Fla. Stat. 448.102 and 448.103 (Private Whistleblower Act)
Bars retaliatory personnel action; a civil action is due within 2 years after discovering the action or 4 years after it was taken, whichever is earlier.
EEOC Miami timeliness
The EEOC's Florida offices give 300 days from the date of harm for employers with 15 or more employees (20 or more for age).
Regional Variances
Florida wrongful termination rules
At-will status
At-will; no common law cause of action for wrongful discharge.
Recognized exceptions
A statute (Florida Civil Rights Act, Private Whistleblower Act) or the terms of an employment contract; no common law wrongful-discharge tort.
State agency and law
Florida Commission on Human Relations; Florida Civil Rights Act of 1992, Fla. Stat. 760.01 to 760.11.
Agency filing deadline
Within 365 days of the alleged violation (Fla. Stat. 760.11(1)).
EEOC charge deadline
300 days from the date of harm (EEOC Miami and Tampa offices), for employers with 15 or more employees, or 20 or more for age.
Employer size covered
15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year (Fla. Stat. 760.02(7)); whistleblower act: private employers with ten or more persons (Fla. Stat. 448.101(3)).
Whistleblower and retaliation law
Private Whistleblower Act, Fla. Stat. 448.102; suit within 2 years after discovery or 4 years after the action, whichever is earlier (448.103(1)(a)).
Deadline to sue
1 year after a cause determination or EEOC right-to-sue notice, whichever is earlier; if the commission does not decide within 180 days, 1 year after it certifies mailing its notice (760.11(8)(c)); if neither a cause determination nor an EEOC notice comes within 180 days, 18 months after filing (760.11(5)).
Final paycheck
Request unpaid final wages in writing and keep a record of the request.
Suggested Compliance Checklist
Request your final pay in writing
Soon after the firing days after startingAsk in writing for any unpaid final wages, with the amount, pay period and hours, and keep a copy.
Save records and write a timeline
Within days of the firing days after startingKeep the termination notice, messages, pay stubs and a dated timeline, with witness names.
File an EEOC charge or FCHR complaint
300 days (EEOC); 365 days (FCHR) days after startingThe EEOC charge deadline in Florida is 300 days from the date of harm (employers with 15 or more employees, 20 or more for age); the FCHR complaint deadline (employers with 15 or more employees) is 365 days from the alleged violation.
Calendar the lawsuit deadline
Varies: 1 year or 18 months (see details) days after startingSue within 1 year after a cause determination or EEOC right-to-sue notice, whichever is earlier. If the commission does not decide within 180 days, sue within 1 year after it certifies mailing its notice; if neither a cause determination nor an EEOC notice comes within 180 days, no later than 18 months after filing.
Send a demand letter or review a settlement
Before signing any release days after startingA demand letter sets out your claim and what you want. Review any settlement agreement before signing; attorney review is available.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Request your final pay in writing | Ask in writing for any unpaid final wages, with the amount, pay period and hours, and keep a copy. | final-paycheck-demand-letter | Soon after the firing |
| Save records and write a timeline | Keep the termination notice, messages, pay stubs and a dated timeline, with witness names. | - | Within days of the firing |
| File an EEOC charge or FCHR complaint | The EEOC charge deadline in Florida is 300 days from the date of harm (employers with 15 or more employees, 20 or more for age); the FCHR complaint deadline (employers with 15 or more employees) is 365 days from the alleged violation. | - | 300 days (EEOC); 365 days (FCHR) |
| Calendar the lawsuit deadline | Sue within 1 year after a cause determination or EEOC right-to-sue notice, whichever is earlier. If the commission does not decide within 180 days, sue within 1 year after it certifies mailing its notice; if neither a cause determination nor an EEOC notice comes within 180 days, no later than 18 months after filing. | - | Varies: 1 year or 18 months (see details) |
| Send a demand letter or review a settlement | A demand letter sets out your claim and what you want. Review any settlement agreement before signing; attorney review is available. | demand-letter | Before signing any release |
Frequently Asked Questions
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