Understanding the Florida employee separation process is the key to ensuring your organization is compliant with state employee termination laws.
This employee separation checklist and guide provides a helpful overview of what’s involved, from final paycheck requirements, separation notices, and severance agreements, to reporting employee termination and withdrawing registration to do business in the state.
Florida Employee Separation Checklist
- Provide final paycheck
- Issue separation notice
- Execute severance agreement
- Report termination
- Withdraw registration to do business
1. Final Paycheck Requirements in Florida
Florida does not have specific regulations governing the timing or method of final paycheck distribution. Nevertheless, it is advisable for employers to ensure that departing employees receive their earned wages promptly. Many states mandate that final paychecks be issued on the next regular payday.
Employers who fail to pay owed wages may face civil penalties equivalent to the unpaid amount and could also be subject to criminal penalties, including potential jail time. Florida employers are also not obligated to pay out accrued and unused vacation time unless stipulated by the employee’s contract or company policy.
2. Firing Employees in Florida
Florida is an at-will employment state, which means that both employer and employee may terminate employment at any time. Unlike many other states, Florida does not require any type of separation notice or documentation.
3. Severance Agreements in Florida
Employers need to explicitly outline which federal and state law claims are being waived in any claims release agreement with employees. In Florida, this includes claims under the Florida Civil Rights Act and Florida’s minimum wage laws.
Ensure that the release pertains solely to claims that existed prior to the agreement’s effective date, excluding any future claims. Finally, employers should always review relevant federal laws. For example, recent NLRB rulings and guidance restrict the inclusion of non-disparagement and confidentiality provisions in severance agreements.
4. Reporting Employee Termination in Florida
If your terminated employee has an Income Withholding for Support Order (“IWO”), you are required to promptly report the employee’s termination to the child support agency, court, or attorney that issued the IWO. This can be accomplished online or by mail. Register for online reporting with the Federal Office of Child Support Enforcement here.
You can also report an employee’s termination by completing the Notification of Employment Termination or Income Status section of the IWO. Fax or mail it to the child support agency that issued it. The following information should be prepared:
- Employee Name
- Employee Case Identifier
- Last Known Home Address
- New Employer Address (if known)
- Date of Employee Separation
5. Withdraw Registration to do Business in Florida
When businesses separate from their last in-state employee, they may wish to formally withdraw from doing business in the state. For-Profit Corporations, Non-Profit Corporations, and Limited Liability Companies (LLCs) must file a Withdrawal of Foreign Entity Form and submit it to the Secretary of State.
Stay Compliant with Florida Employee Separation Requirements
It’s important for all employers to stay on top of Florida Employee Separation Agreement requirements—this ensures that they stay compliant with employer obligations, mitigate risks, and respect employee rights.
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