What are my rights if I was recently terminated for “gross misconduct” but was not given a clear reason as to why?

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What are my rights if I was recently terminated for “gross misconduct” but was not given a clear reason as to why?

What does gross misconduct mean? And what rights do I have, if I feel the reasons given were not justifiable?

Asked on September 22, 2012 under Employment Labor Law, Virginia

Answers:

Micah Longo / The Longo Firm

Answered 11 years ago | Contributor

Florida is an "at-will" employment state which means you can be terminated for any reason, as long as it is not an "unlawful reason."  

An example of an "unlawful reason" would be you were terminated because you are a member of a protected class (i.e. race, sex, religion, national origin, age, etc.)  

The courts refuse to look at the busines decisions of employers.  This means that the court does not care whether or not you actually committed "gross misconduct."  They do, however, care if the "gross misconduct" reason was pretextual, meaning not worthy of belief, and the true reason you were fired was becasue of an "unlawful" reason (i.e. age, race, national origin, sex, religion, etc.)

If you have questions, you should contact me for a free consultation (click on the profile link button)


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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