In addition to implied or expressed contracts, something called the "covenant of good faith and fair dealing" is commonly used in wrongful termination cases.
Although this cause of action is rarely recognized in Florida if it is only implied, it may be useful in building a larger case against an employer.
Principles of Good Faith & Fair Dealing
The covenant of good faith and fair dealing is a more recent aspect of employment law that discusses the way contracts are executed. It holds that regardless of a contract being present, each party in the employment relationship has a responsibility to consider the other's interests equally to their own.
This applies to employees because of the "at-will" employment doctrine. This doctrine says that either the employee or the employer can end the agreement at any time without legal explanations and not face consequences. However, it can be extremely unfair to the other person if it happens abruptly. For example, an employee is fired without any prior notice and can no longer pay their bills because of lost income. This may be perfectly legal under the at-will doctrine, but it can cause damage and may be pursuable under this covenant.
When to Pursue Action
The implied covenant of good faith and fair dealing is not recognized as a cause of action in Florida courts. However, if you and your employer had an expressed contract, i.e. one that is written down, then you may be able to file a claim against them if they didn't abide by the terms. Contact the Coye Law Firm to see if your case is one worth pursuing before you sign a workers' compensation release. Experienced workers compensation legal advice can not be replaced and the information on this page is merely an introduction to what the firm can do for your case.