Frequently Asked Questions (FAQs)

Florida employment law generally prohibits employees from recording workplace conversations without the consent of all parties involved.

Under Florida law, employees cannot secretly record conversations with their manager, HR representatives, or coworkers without permission. Florida is a “two-party consent” state, which means everyone involved in the conversation must agree before recording. Florida privacy laws protect conversations where there is a reasonable expectation of privacy. Secret recordings at work, whether phone calls, video meetings, or in-person conversations, could lead to criminal charges or civil lawsuits. If you are not sure whether it is okay to record a conversation in the workplace under Florida employment law, it is a good idea to ask permission first, or consult with an employment lawyer before you do anything.

“Right-to-Work” means employees cannot be forced to join or pay dues to a union as a condition of employment.

Many Florida workers mistakenly believe that “Right-to-Work” laws guarantee job security and employers must have a good reason to terminate employees. This is incorrect. “Right-to-Work” specifically relates to union activity.

In Florida, the right to work is guaranteed by the state constitution. Since Florida is a right-to-work state, Florida employees cannot be forced to join a union or pay union dues to get or keep their job.

Did You Know? Unions do not just lift wages and working conditions for their own members – they often raise the floor for every worker in the entire industry or region. This is called the “spillover effect.”

“At-will” employment in Florida means either the employer or the employee can end the relationship at any time for almost any reason.

In Florida, workers are employed “at-will,” unless they have an employment contract that gives a specific period of time or end-date for their employment. At-will employment means employers can fire employees – and employees can quit – for any reason, or even for no reason at all. However, Florida employers cannot terminate employees for illegal reasons, such as discrimination or retaliation.

Florida employees can only sue for wrongful termination if the firing violates specific laws or a valid employment contract.

Many Florida workers hear the term “wrongful termination” and assume they can sue whenever they are fired unfairly. However, it is important for workers to understand that “wrongful” does not necessarily mean “illegal” or give you the right to take legal action against your employer. If you are employed at-will, your employer can fire you for almost any reason, even if the reason is unfair, mistaken, petty, bad for business, or just plain “wrong.” Unfortunately, Florida, like almost all states, does not recognize a common-law claim for wrongful termination, so you can only sue for wrongful termination in Florida if your termination falls under specific legal grounds, such as it violates a statute or it breaches a contract.

Did You Know? Montana is the only state in the U.S.A. that is not a pure at-will employment state, and it provides additional protections for employees under the Montana Wrongful Discharge from Employment Act (WDEA). Under the WDEA, once an employee completes a probationary period (typically 6 months), the employer must have “good cause” to fire them. “Good cause” generally means a legitimate, work-related reason, like poor performance, misconduct, or a business closure.

An employment contract covers a single employee’s terms of employment, while a collective bargaining agreement covers a group of employees represented by a union.

An employment contract is an agreement between one employee and one employer that spells out specific terms that will govern that person’s employment, like pay, job duties, and how long they work there. It is individual, and it only applies to that single employee.

A collective bargaining agreement (CBA) is a labor contract between a group of employees (typically a union or bargaining unit) and an employer. The CBA sets the rules for everyone in that group – like wages, work hours, benefits, grievance procedures, and workplace rules. It is collective, and it applies to all employees represented by the union or bargaining unit, not just one person.

In Florida, employers are not required to provide a reason for firing an at-will employee unless a contract says otherwise.

In Florida, most employment is “at-will” which means your employer can fire you at any time for almost any reason – or no reason at all – so long as it is not an illegal reason (like discrimination). Unless you have an employment contract or collective bargaining agreement that requires your employer to tell you the reason, an employer is not required to tell you why they are terminating your employment. However, I typically recommend that employees ask for the reason, preferably in writing, which can be as simple as an email request. Having no good reason, or changing reasons, can be helpful, especially if you suspect illegal discrimination or retaliation.

Florida employers are not legally required to use progressive discipline before firing an employee.

In Florida, employers can fire workers without giving prior warnings, suspensions, or lesser discipline, unless prohibited by an employment contract or collective bargaining agreement.  Many Florida workers are surprised to learn that employers are not required to use a progressive discipline system, even if they have a written progressive discipline policy. However, an employer’s failure or refusal to follow its own progressive discipline policy consistently could support a claim of discrimination or another illegal basis, depending on specific circumstances.

Yes, under Florida’s at-will employment laws, you can be fired without any warning or advance notice.

Unless a worker has an employment contract or collective bargaining agreement that requires the employer to give a certain period of advance notice, Florida employers can fire employees without warning.

In Florida, employers can lower an employee’s pay going forward, but not retroactively, and not below minimum wage.

Florida employers can legally reduce worker wages if there is no employment contract or collective bargaining agreement that locks in a pay rate for a specific period of time. If a worker’s pay rate is not guaranteed by a contract, then an employer can lower the pay rate going forward. However, the employer must notify workers before the lower pay takes effect, and they cannot apply the change to work already completed. Florida law also prohibits employers from dropping worker pay below the state or federal minimum wage. Continuing to work after notice of a pay cut may be seen as accepting the new terms, depending on the specific circumstances.

Yes, Florida employers can monitor employee email, internet, and device use on work systems.

In Florida, if a worker uses company-owned computers, phones, or email accounts, the employer generally has the right to monitor an employee’s activity without asking permission.
However, if employees are using email or electronic systems to discuss workplace conditions, pay, union activity, or other protected concerted activity, the National Labor Relations Act (NLRA) may limit the employer’s ability to interfere with protected communications.

Florida law does not require meal or rest breaks for adult employees, but minors may have limited break rights.

Adult workers in Florida have no guaranteed right to meal or rest breaks under state or federal law.

Although Florida is relaxing its child labor laws, Florida law generally requires that workers aged 15 or younger get a 30-minute uninterrupted break if they work more than 4 continuous hours. Florida law also requires employers to give workers under the age of 18 a 30-minute break after 4 continuous hours, but only if they are scheduled to work at least 8 hours in the day.

Did You Know? Florida law includes many exceptions that allow employers to work our children without requiring breaks at all.

You are not legally required to answer workplace investigation questions, but refusing to cooperate can lead to discipline or termination.

In Florida, employees typically cannot be forced to answer questions during an internal investigation. However, if you refuse to cooperate, you could be disciplined or fired, especially if you are an at-will employee.

If your answers could expose you to criminal charges, you have a constitutional right to remain silent to protect yourself. If you are concerned about legal risks or the potential for criminal allegations, you should immediately consult a lawyer before answering questions.

Florida law does not require private employers to show employees the evidence used in a workplace investigation, while public employees may get access once the investigation is complete.

Employers in Florida are not legally required to show an employee the evidence against them during an investigation of workplace misconduct. An employer may be required to do so under the terms of a collective bargaining agreement, while others may voluntarily give access.

Employees who work for a public employer – like a city, county, or state government – typically can get a copy of the investigative file once the investigation is complete under Florida public records laws (also known as sunshine laws).

Yes, Florida employees can refuse to sign a disciplinary write-up, but the employer may treat the refusal as insubordination.

In most cases, signing a disciplinary write-up simply acknowledges that you received it — it does not mean you agree with it. If you disagree with the write-up, you can ask to:

• • Write “acknowledged only” by your signature.

• • Submit a rebuttal or written response to be attached to the disciplinary record.

Keep in mind that an at-will employee can be fired for any reason. An employer may consider refusal to sign as insubordination, warranting termination.

Florida law does not require private employers to give employees copies of their personnel files, but public employees generally have access under public records laws.

If you work for a private company in Florida, your employer is not required by law to give you your personnel records. However, some employers may be required to give their workers access to their file under the terms of a collective bargaining agreement, while others may voluntarily give you access.

Florida public employees working for a government entity like the state, a city or school district, can obtain a copy of their personnel file under public records laws (also known as “sunshine laws”), unless an exemption applies.

In Florida, employers are generally protected when giving references unless they knowingly provide false information.

Florida law shields employers who give honest job references. A company only risks being sued for giving a negative reference if the employer knowingly made false statements or acted with reckless disregard for the truth, and the reference negatively impacted the employee’s chances of securing a new job.

Neither federal law nor Florida law requires employers to pay out unused paid time off (PTO).

No law requires Florida employers to pay out unused vacation or PTO when a worker’s employment ends. However, employees may be entitled to payment for accrued but unused PTO under an employment contract or collective bargaining agreement. Also, many employers have a policy to pay out accrued but unused PTO, but they are generally allowed to set conditions on when and how it is paid – even to end  the policy at any time. Without a contract or clear policy promising payment, a Florida worker may not have a legal right to demand payment for unused PTO when their employment ends.

Private employees in Florida have limited free speech rights at work, while public employees have more, but not unlimited, constitutional protections.

Constitutional rights protect people from government action, not from private employers. Employees’ freedom of speech at work depends on whether they are employed by a private or public employer, as well as the specific circumstances of their speech.

If you are an at-will employee working for a private employer, you can be punished or fired for things you say, unless another law protects you (like whistleblower laws or the National Labor Relations Act).

If you work for a public employer, you have more protection, although there are limits. For example, you can be fired if your speech is not related to a matter of public concern and disrupts the workplace, harms working relationships or impacts your ability to do your job. Public employees’ free speech rights are balanced against the government’s interest in maintaining an efficient and effective workplace.

Yes, Florida employers can fire at-will employees for social media posts, but some protections exist under federal law.

Many employees think that the constitutional right to freedom of speech means their employer cannot fire them for things they post online, particularly political statements, or posts made in their personal time unrelated to their jobs. However, a private employer can fire any at-will employee for any reason, including social media posts they do not like, as long as the firing does not violate another law.

The National Labor Relations Act (NLRA) can protect employees if their social media posts involve discussions about working conditions, wages, pay, or other collective workplace issues. These types of posts are considered protected concerted activity under the NLRA, and firing someone for this kind of speech could be illegal.

A public employee has more protection, but there are limits. Public employees’ speech is protected only if they are speaking as a private citizen on a matter of public concern. Even then, the government employer can discipline or fire a public employee if the speech disrupts the workplace, damages working relationships, or interferes with the employee’s ability to do their job.

Florida law does not require at-will employees to give two weeks’ notice when quitting, while an employment contract might.

Most Florida employees are employed at-will, so they can quit their job at any time without giving advance notice. However, if an employment contract requires a certain type or form of notice, the employee should follow the notice requirements to avoid placing themselves in breach of the agreement.

Giving notice may also be required under company policy to preserve eligibility for certain benefits, such as payout of accrued paid time off (PTO), so an employee should make sure to understand the consequences of quitting without notice.

Did You Know? Unless there is a contract that prohibits an employer from doing so, Florida law does not prohibit an employer from terminating a worker immediately once the worker gives their two weeks’ notice.  Many workers are surprised when this happens, and suffer financial hardship due to the loss of income they planned to receive.