Orlando, Florida Employment Law: Wrongful Termination Lawyer

Introduction: Why Orlando Workers Need to Know Their Rights

Orlando, Florida is best known for its theme parks, booming hospitality industry, and fast-growing technology and aerospace sectors. Behind the roller coasters and launchpads, however, almost half a million employees clock in every day at hotels, restaurants, healthcare facilities, call centers, warehouses, and corporate offices. Whether you work on International Drive, at Lake Nona Medical City, or for a local government agency near Orange Avenue, understanding Florida employment law is critical to protecting your livelihood. This guide—written from a worker-friendly perspective—explains the key protections and procedures that apply to employees in Orlando and throughout the state.

Florida is generally an at-will employment state, meaning an employer can terminate an employee for any reason that is not illegal. Unfortunately, many workers are still fired for discriminatory, retaliatory, or otherwise unlawful reasons. Knowing how the Florida Civil Rights Act, Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act (FLSA), and other statutes apply can help you recognize—and fight—wrongful termination, wage theft, and discrimination.

This 2,500-plus-word guide covers:

• Your core rights as a Florida employee

• Common workplace law violations in Orlando

• Key federal and state protections, including the Florida Civil Rights Act (Fla. Stat. § 760.01 et seq.) and the Florida Whistleblower Act (Fla. Stat. §§ 448.101–448.105)

• Statutes of limitation and step-by-step complaint procedures with the EEOC and Florida Commission on Human Relations (FCHR)

• When and how to contact an employment lawyer Orlando Florida residents trust

Understanding Your Employment Rights in Florida

1. At-Will Employment—and Its Limits

In Florida, the default employment relationship is at-will (see DeMercurio v. Equilon Enterprises, LLC, M.D. Fla. 2019). That means your employer may terminate your employment at any time, with or without cause, provided the reason is not prohibited by law. The following exceptions limit an employer’s discretion:

• Statutory Protections: Laws such as the Florida Civil Rights Act, Title VII, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) forbid terminations motivated by protected characteristics (race, color, religion, sex, pregnancy, national origin, disability, or age 40+).

• Retaliation Prohibitions: Employers may not fire you for reporting discrimination, filing a wage complaint under the FLSA, or blowing the whistle under the Florida Whistleblower Act.

• Contractual Agreements: Employees covered by individual employment contracts, collective bargaining agreements, or public-sector civil service rules may have “for-cause” protections.

2. Minimum Wage, Overtime, and Tip Credits

Under the Fair Labor Standards Act, most non-exempt workers nationwide must receive at least $7.25 per hour and overtime (1.5×) for hours worked over 40 in a workweek. Florida voters, however, amended the state constitution to establish a higher minimum wage indexed to inflation (Fla. Stat. § 448.110). As of September 30, 2023, the Florida minimum wage is $12.00 per hour ($8.98 for tipped employees after tip credit). Orlando hospitality and restaurant workers should monitor yearly adjustments, which will reach $15.00 by 2026.

3. Anti-Discrimination Protection Under Federal and Florida Law

Both Title VII (42 U.S.C. § 2000e et seq.) and the Florida Civil Rights Act (FCRA) prohibit discrimination in hiring, firing, promotion, compensation, and other terms of employment. Notably, the FCRA applies to employers with 15 or more employees—the same threshold as Title VII—while Florida’s constitution extends equal protection guarantees to public employers regardless of size.

4. Leave Rights and Workplace Safety

• Family and Medical Leave Act (FMLA): Orlando workers at employers with 50+ employees within 75 miles are entitled to up to 12 weeks of unpaid, job-protected leave for serious health conditions, childbirth, or military exigencies.

• OSHA Safety Standards: Employers must provide a workplace “free from recognized hazards,” and employees may not be terminated for filing a safety complaint with OSHA.

Common Employment Law Violations in Florida

1. Wrongful Termination Based on Protected Class

Discriminatory firings remain frequent in Orange County. EEOC statistics show race and sex discrimination leading the charge filings statewide. Examples include terminating a pregnant hotel housekeeper after she requests light duty, or firing an African American server allegedly for “customer preference.”

2. Wage Theft in the Hospitality and Gig Economy

Tourism drives Orlando’s economy, but service workers often face unpaid overtime, off-the-clock work, and improper tip pooling. Under FLSA regulations, employers must keep accurate time records; automatic meal-break deductions that do not reflect actual breaks are unlawful.

3. Disability Discrimination and Failure to Accommodate

Under the ADA and the FCRA, employers must provide reasonable accommodations—such as modified schedules or assistive devices—unless doing so causes undue hardship. Refusing to accommodate a worker with a mobility impairment at an Orlando distribution center may expose the employer to liability.

4. Retaliation for Whistleblowing

The Florida Whistleblower Act protects private-sector employees who disclose, threaten to disclose, or refuse to participate in an activity that violates a law, rule, or regulation. Retaliatory termination can entitle the employee to reinstatement and compensatory damages (Fla. Stat. § 448.103).

Florida Legal Protections & Employment Laws

1. Florida Civil Rights Act (Fla. Stat. § 760.01 et seq.)

The FCRA largely mirrors Title VII but allows you to bypass the EEOC after 180 days if the Florida Commission on Human Relations (FCHR) has not completed its investigation. Remedies include back pay, compensatory damages, and, in severe cases, punitive damages up to $100,000.

2. Title VII, ADA, ADEA, and FMLA

These federal statutes preempt conflicting state law and apply to most Orlando employers engaged in interstate commerce. The statute of limitations to file a charge with the EEOC is generally 300 days in Florida because the state has a deferral agency (FCHR).

3. FLSA and Florida Minimum Wage Amendment

Under 29 U.S.C. § 216(b), employees may recover double (liquidated) damages if the employer’s wage violation is “willful.” The statute of limitations is two years, or three for willful violations.

4. Florida Whistleblower Act (Fla. Stat. §§ 448.101–448.105)

This law applies to private employers with 10 or more employees and provides up to four years to file suit in state court (Maglio v. Universal Prop. & Cas. Ins. Co., Fla. 4th DCA 2016).

5. Statutes of Limitation Overview

• FCRA: 1 year to file in court after receiving a “no cause” determination or 35 days after an “administrative closure.”

• EEOC: 300 days to file a charge, 90 days to file in federal court after receiving a right-to-sue letter.

• FLSA: 2–3 years depending on willfulness.

• Florida Whistleblower Act: 4 years.

• OSHA retaliation: 30 days.

Steps to Take After Workplace Violations

1. Gather Documentation

Immediately preserve pay stubs, emails, disciplinary write-ups, and witness names. In wrongful termination cases, a well-organized time line is crucial.

2. Follow Internal Complaint Procedures

Many larger Orlando employers—such as AdventHealth, Lockheed Martin, and Walt Disney World—maintain HR grievance channels. Filing an internal complaint often strengthens a retaliation claim if the company then takes adverse action.

3. File with the FCHR or EEOC

• FCHR: File online, by mail, or in person. The closest walk-in location is the FCHR’s Orlando regional intake site housed inside the Orange County Government Center on Liberty Avenue (check the FCHR website for hours).

• EEOC: The Miami District Office covers Central Florida. Schedule an interview online within 300 days of the discriminatory act.

4. Consider Filing a Wage Complaint with the U.S. Department of Labor

The DOL Wage and Hour Division investigates FLSA violations. There is an Orlando field office on Corporate Boulevard serving Orange, Osceola, and Seminole Counties.

5. Consult an Experienced Lawyer Early

An attorney can evaluate claims, preserve evidence, and ensure you meet strict filing deadlines.

When to Seek Legal Help in Florida

1. Red Flags Requiring Immediate Counsel

• You were terminated within days of making a protected complaint.

• HR offers you a severance agreement with a broad release of claims.

• Your employer threatens immigration consequences for asserting wage rights.

• You need to file in court but are unsure of deadlines.

2. Choosing the Right Employment Lawyer

Verify that the attorney is a member in good standing with The Florida Bar, has experience with EEOC and state court litigation, and offers contingency or hybrid fee arrangements. Under the FCRA and FLSA, prevailing employees may recover attorneys’ fees from the employer, reducing out-of-pocket costs.

Local Resources & Next Steps

Florida Commission on Human Relations U.S. Equal Employment Opportunity Commission U.S. Department of Labor Wage and Hour Division Orlando WHD Field Office

Keep copies of all filings and certified mail receipts. Calendar critical dates, such as the 300-day EEOC deadline, and follow up on agency correspondence promptly.

Disclaimer

This guide is for informational purposes only and does not create an attorney-client relationship. Employment law is complex; always consult a licensed Florida attorney about your specific situation.

If you experienced workplace discrimination, wrongful termination, or wage violations, call Louis Law Group at 833-657-4812 for a free case evaluation and employment consultation.