Best Practices for Leaving a Job in Florida: A Guide for Employees

Are you considering leaving your job in Florida? Whether you are looking for a better opportunity, have issues in your current workplace, or are simply burned out, it is crucial that you know the steps to take to best protect your rights and your interests. In this article, you will find an overview of the best practices for employees who are ready to leave their job in Florida.

Employment in Florida is At-Will (Unless You Have a Contract)

Florida is an at-will employment state. The National Conference of State Legislatures explains that the doctrine of at-will employment allows either party (employer or employee) to terminate the employment relationship at any time and for almost any lawful reason. An employer generally does not need to establish “cause” to discharge a worker, and an employee may resign without advance justification. The rule is broad, but it is not absolute. Written employment contracts, including collective bargaining agreements, could potentially impact your rights. Still, there is no law in Florida requiring an employee to give two weeks notice (or any notice) before quitting/resigning.

Four Best Practices for Employees Leaving a Job 

Best Practice #1: Provide Reasonable Notice When Possible

Florida law generally does not require advance notice from employees working under an at-will arrangement. Even so, providing reasonable notice is often a prudent step. Two weeks remains the common professional norm in many industries. Notice can help preserve professional relationships and protect your reputation within the field.

Best Practice #2: Evaluate Whether You Have Potential Legal Claims

Before leaving a position, employees should consider whether any workplace conduct may give rise to a legal claim. Unpaid overtime, unpaid commissions, discrimination, retaliation, and violations of family or medical leave rights are common examples. If you do have any type of claim, you need to deal with it as part of your evaluation of a severance agreement.

Best Practice #3: Consider Negotiating a Severance Agreement

Resignation does not always mean an employee must simply walk away. In some cases, there may be an opportunity to negotiate a separation agreement. Employers occasionally offer severance in exchange for a release of claims, especially so if there is potential liability. A negotiated agreement may address compensation, continuation of benefits, references, and post-employment obligations.

Best Practice #4: Plan for Final Pay and Benefits

Finally, employees should understand how their separation will affect compensation and benefits. Florida law does not impose a universal deadline for the payment of final wages, but employers must still comply with applicable wage laws and contractual obligations. Issues involving unpaid commissions, accrued vacation, and continuation of health coverage may arise at separation.

Caveat: If a work environment is truly unsafe for your physical and/or mental health, it is crucial that you prioritize your well-being.

Get Help From Our Florida Employment Lawyer Today

As an employee, leaving a job can be complicated. Especially so as it relates to issues like severance pay and potentially claims against an employer. If you have any questions about your rights or your options, please do not hesitate to contact a Florida employment lawyer for help.