What Is At-Will Employment? A BRIEF Guide for Employees and Employers in Florida
Author: Lindsay A. Compton
Date: January 16, 2026
What Is At-Will Employment? A Brief Guide for Employees and Employers in Florida
The term “at-will employment” is often misunderstood and can create confusion for both employees and employers. Many people hear the phrase but aren’t quite sure what it means—or what rights and obligations come with it.
Understanding at-will employment is important whether you’re running a business or working for one, especially in Florida, where at-will employment is the default rule.
What Does At-Will Employment Mean?
In general, at-will employment means that an employer can terminate an employee at any time, for any reason, or for no reason at all, as long as the reason is not illegal; and an employee may leave a job at any time, with or without notice.
This arrangement gives flexibility to both sides, but it also means that continued employment is not guaranteed.
At-Will Employment Is the Default in Florida
In Florida, employment is presumed to be at-will unless there is a valid agreement stating otherwise. That means most employees do not have a guaranteed term of employment and can be terminated at any time, provided the termination does not violate the law.
Importantly, at-will employment does not allow termination for unlawful reasons, such as discrimination, retaliation, or other conduct prohibited by federal or state law.
What is an Illegal Reason to Fire Someone?
An employer may not fire an employee for an illegal reason, even in an at-will employment state like Florida. Illegal reasons for termination include discrimination based on protected characteristics such as race, color, religion, sex, pregnancy, national origin, age, disability, or genetic information. Additionally, an employer may not retaliate against an employee for engaging in legally protected activities like reporting discrimination or harassment, requesting reasonable accommodations, filing a workers’ compensation claim, taking protected medical or family leave, or reporting unlawful conduct.
Termination may also be illegal if it violates public policy, breaches an employment contract, or punishes an employee for exercising rights protected under federal or state law.
Can an Employer Provide More Protection Than At-Will?
Yes. An employer may choose to offer employees greater protection than at-will employment, but that protection must be clearly set out in a contract. Examples of contractual protections may include:
Employment for a fixed term;
Termination only for “cause”;
Notice requirements before termination; and
Severance obligations.
Without a written contract or enforceable agreement, courts will generally presume the employment relationship is at-will.
Why Clear Contracts Matter for Everyone
For employers, well-drafted employment agreements help define expectations, reduce disputes, and protect the business. For employees, a contract can provide job security and clarity about rights, compensation, and termination.
Problems often arise when one side assumes protections exist that were never put in writing. Clear, legally sound contracts help prevent misunderstandings before they turn into legal disputes.
When At-Will Employment Becomes an Issue
Disputes can arise when:
An employee believes they were promised job security without a contract;
An employer believes an employee is at-will but has documents suggesting otherwise; and/or
Termination decisions are challenged as unlawful or inconsistent.
In these situations, legal guidance can help clarify rights and responsibilities and determine the best path forward.
Compton Law, P.A. Can Help
Whether you are an employer looking to draft or update employment agreements, or an employee facing issues with your employer, Compton Law, P.A. can help you understand your rights and options.
Contact Compton Law, P.A. today to discuss drafting an employee contract, reviewing employment policies, or addressing concerns in an employment relationship.
