Terminating an Employee? Get Counsel Before You Act.

Florida is an at-will employment state, so an employer can usually end a job without giving a reason. The risk comes from the exceptions. This page explains what a separation agreement covers, when a firing can lead to a claim, and how an employee termination attorney Miami businesses can call on reviews the process before the meeting. KEW Legal has offices in Coral Gables and Sunny Isles Beach and serves business owners across Miami-Dade and Broward County.

What an Employee Termination and Separation Agreement Covers

A separation agreement is a written contract between an employer and a departing employee. It sets the terms of the exit. Most include final pay, benefits, any severance, and a release of claims in exchange for that severance.

The decision to end employment and the paperwork are two separate steps. The decision comes first. The agreement records how the job ends.

An agreement is optional in many terminations. It matters most when severance is offered or when the employer wants to limit future claims. Owners often assume a firing needs no paperwork. That gap causes trouble when a former employee raises a claim and the company has no signed record of what was agreed.

Can an Employee Sue After Being Fired in Florida?

Yes, in some cases. Florida is at-will, so either side can end the job at any time, but not for a reason the law prohibits. The Florida Supreme Court’s Gessner opinion restates that rule. Laguerre v. Palm Beach Newspapers adds that an at-will employee cannot be fired for reasons such as retaliation or unlawful discrimination. USAGov termination guidance says employers generally may end at-will jobs without giving a reason, subject to limits on illegal firings.

Common exposure points include:

• Discrimination. Fla. Stat. § 760.10 bars firing someone because of race, sex, age, handicap, marital status, and other listed traits.
• Retaliation. The same statute bars retaliation against a person who opposed an unlawful practice or took part in a proceeding under it.
• Whistle-blowing. Fla. Stat. § 448.102 protects an employee who objects to a practice that violates a law, rule, or regulation. Under Gessner, the employee must show that practice is actually illegal.
• Written promises. Quaker Oats Co. v. Jewell holds that handbook statements are not contracts unless they explicitly say the manual is a separate employment contract.

Timing matters. A whistle-blower action under Fla. Stat. § 448.103 must be brought within 2 years after the employee discovers the action, or within 4 years after it was taken, whichever is earlier.

What We Handle for Employers

We handle the employer side of a termination, from the first review through close-out.

• Pre-termination review of the decision, the personnel file, and the reasons on record.
• Separation agreements, including severance amounts, payment timing, return of company property, and confidentiality and non-disparagement terms.
• Restrictive covenants. Under Fla. Stat. § 542.335, a court cannot enforce a restrictive covenant unless it is in a writing signed by the person being held to it. Fla. Stat. § 542.335 reads: “In any action concerning enforcement of a restrictive covenant: (a) A court shall not enforce a restrictive covenant unless it is set forth in a writing signed by the person against whom enforcement is sought.”
• Under Fla. Stat. § 768.095, an employer that discloses information about a former or current employee to a prospective employer, on request of either the prospective employer or the employee, is immune from civil liability unless it is shown by clear and convincing evidence that the information was knowingly false or violated a chapter 760 civil right of the employee.
• Final pay, accrued leave, benefit continuation, and unemployment-related notices.

How the Termination Review Process Works

The process runs in five steps, from the first consultation to close-out.

1. Initial consultation. You describe the employee’s role, tenure, the reason for the decision, and any prior complaint or leave request.
2. Document review. We review offer letters, the handbook, performance records, written warnings, and any signed agreements.
3. Recommendation. We explain your options: proceed as planned, adjust timing or documentation, or offer a separation agreement.
4. Drafting and negotiation. We draft the agreement and negotiate it where the employee has counsel or you ask us to.
5. Signing and close-out. The agreement, final pay, and notices are completed on the agreed schedule, and records are kept.

Timelines vary with the number of documents, whether the employee has a lawyer, and any review periods the agreement must follow. We give an estimate after we review the facts.

Warning Signs to Address Before You Terminate

Several patterns raise risk before any termination meeting.

• The employee recently complained about pay, safety, discrimination, or harassment.
• The employee recently asked for leave or an accommodation, or filed a workers’ compensation claim. Fla. Stat. § 440.205 bars an employer from discharging, threatening to discharge, intimidating, or coercing an employee because of a valid workers’ compensation claim or an attempt to claim compensation.
• The employee asked for domestic violence or sexual violence leave. Florida’s leave rule for victims of domestic and sexual violence applies only to certain employers and employees. Where it applies, the leave may be with or without pay, at the employer’s discretion, and the covered employer may not take action against the employee, such as firing, demoting, suspending, or otherwise retaliating, for exercising these rights.
• The decision came close in time to a protected activity, and no reasons are written down.
• Similar conduct was handled differently for other employees.
• An offer letter or handbook promises notice or severance.

Why Employers Work With KEW Legal

KEW Legal is a Florida business law firm with offices in Coral Gables and Sunny Isles Beach. The firm acts as outside general counsel for business owners and investors. That means employment questions are handled alongside contracts, vendor disputes, leases, and ownership matters.

Kristina E. Wilson is the responsible lawyer for this page. Natalie Martinez is also one of the firm’s lawyers. Our team focuses on the practical steps of documenting, communicating, and closing out a termination so the business can move forward.

Miami-Dade County publishes fair employment resources on equal employment opportunity and workplace discrimination.

Frequently Asked Questions

Talk With Our Team Before the Termination Meeting

If you’re a manager or owner who has already decided to let someone go, the time to act is before the meeting. Our team can review the file and any separation agreement so you walk in prepared.

Our first consultation is free, confidential, and carries no obligation to continue. Call 305-990-2300, or send us a message to schedule a consultation.