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Employment At-Will: Florida

Employment At-Will requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Jolee Land, Phelps Dunbar LLP


  • Under Florida law, in the absence of an express written contract, employment is presumably at-will. See The At-Will Relationship.
  • Florida courts only recognize limited exceptions to the at-will presumption, including contracts and public policy exceptions. See Employment At-Will Exceptions.
  • At-will employees in Florida challenging a discharge may file claims against their employers under tort theories, including intentional infliction of emotional distress, defamation and tortious interference with contracts. See Tort Considerations.