Florida Resignation Laws

Resignation laws are a fundamental element of employment regulations in Florida. Employers need to have a thorough understanding of these laws to ensure they are in compliance with legal requirements, uphold their company’s reputation, and manage employee transitions smoothly.

Staying informed about resignation laws can help prevent legal disputes, promote a fair working environment, and support a seamless transition during times of employee departure.

This Article Covers:

Key Resignation Laws in Florida

When handling resignations in Florida, employers must adhere to several regulations, which can vary based on their policies. These include:

  • At-Will Employment – Florida allows “at-will” employment. This means that employers or employees can terminate employment at any time, provided that it is not done for illegal reasons such as discrimination or retaliation.
  • Resignation Notice –  Florida resignation law does not require employees to give any notice unless the employee and employer have previously agreed to the same in the employment contract.
  • Collective Bargaining Agreement – In Florida, a collective bargaining agreement is a written contract negotiated between an employee union and an employer. This agreement covers the wages, working hours, and other employment conditions for the employees represented by the union. 
  • Final Pay – Final paychecks are the last paycheck a Florida employee receives after separating from the employer. They are also referred to as the last paycheck.
  • Forced Resignation – Forced resignations in Florida can happen if an employer creates a hostile work environment or pressures the employee to quit. This situation is referred to as constructive discharge, which can be deemed illegal if it occurs due to discrimination or retaliation.

The Resignation Process in Florida (Notices, Resignation Letters, Final Pay, and Offboarding)

Florida employees generally provide two weeks’ notice. However, employees can resign with or without giving notice to their employer.

Florida state employees must complete and submit a resignation letter to their supervisor at least two weeks, or as soon as possible, before their last day.

What should a resignation letter in Florida contain?

Resignation letters in Florida should generally contain a specific reason for the resignation and a forwarding address. 

The reason for resignation may influence future re-employment decisions and will be used to determine possible unemployment benefits. 

Employees should summarize the reason if space is limited. The forwarding address will be used to send important documents for any pay or compensation owed to the employee.

A well-written resignation letter should also include the effective date of separation, the employee’s signature, and the date of signature. However, this is not a mandatory format.

How much notice should Florida employees serve after resigning?

Florida employees are not required to give a resignation notice unless their employment contract stipulates this condition.

Company policies may vary regarding notice durations, but typically, most companies expect employees to give at least two weeks’ notice before resigning.

What are the components in the final paycheck of Florida employees?

Florida has no law regulating the components of the final payments to employees. However, some employers may include unused paid leave, bonuses and fringe benefits, sales commissions, and reimbursements for business-related expenses in the final paycheck.

When should the final paycheck be issued to Florida employees?

There is no state law governing the date of the final paycheck for Florida employees.

However, the U.S. Department of Labor mandates that employers must pay final paychecks by the next regular payday. If they fail to do so, employees can contact the Department of Labor’s Wage and Hour Division or their state labor department.

How do you offboard Florida employees who resigned?

The offboarding process for Florida employees should be conducted regardless of whether the employee’s departure is voluntary or involuntary.

There are no specific laws governing the offboarding process in Florida. Best practices include but are not limited to, developing a knowledge transfer plan, arranging the return of company assets, conducting an exit interview, notifying clients, and terminating the employee access.

Accepting and Withdrawing Resignations in Florida

There are no specific guidelines for accepting resignations in Florida.

However, employers must record the effective date of separation and reasons for the resignation in the employee’s official records.

Can employees withdraw resignations in Florida?

Employees in Florida can withdraw their resignation before the effective date of separation according to federal laws. 

However, the employer can decline the withdrawal request if there is a valid reason, such as administrative disruption or the hiring or commitment to hire a replacement. 

Employers must explain these reasons to the employee. Avoiding disciplinary actions is not a valid reason.

Can employers reject resignations in Florida?

Florida supports “at-will” employment, giving employees the right to resign at any time. Hence employers must accept the resignations put in by the employees. 

Severance Pay for Florida employees

Employers in Florida can offer severance pay to employees when terminating their employment. The amount is usually based on the employee’s tenure and typically does not exceed 20 weeks of compensation.

Severance pay is not required by Florida law; instead, it is established through an agreement between the employer and the employee (or their representative). Employees should check their employer’s policy regarding severance pay.

Noncompetes Rule for Florida employees

Noncompete agreements (a covenant not to compete) have recently been banned by the Federal Trade Commission (FTC) to foster competition, innovation, and the growth of new businesses. 

This means that employers cannot restrict employees from working for competitors or starting a similar business after leaving the company.

Florida federal court, however, has now blocked the FTC’s rule to ban noncompetes from applying to a real estate firm named Properties of the Villages. According to Bloomberg, the FTC is set to appeal this ruling.

Important Cautionary Note

When making this guide we have tried to make it accurate but we do not give any guarantee that the information provided is correct or up-to-date. We therefore strongly advise you to seek advice from qualified professionals before acting on any information provided in this guide. We do not accept any liability for any damages or risks incurred for the use of this guide.