Miami Wrongful Termination Lawyer
Serving Miami and the surrounding counties.
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Wrongful Termination Attorney
Was Your Firing Unlawful?
Losing your job can be a devastating experience, creating financial uncertainty and emotional distress. While Florida is an “at-will” employment state, meaning an employer can generally terminate an employee for any reason or no reason at all, there are important exceptions to this rule. You cannot be fired for an illegal reason. If you have been terminated in violation of state or federal law, you may have a claim for wrongful termination.
Your Miami employment lawyer is dedicated to protecting the rights of employees who have been unlawfully fired. We have a deep understanding of Florida’s specific employment laws and can help you determine if your termination was wrongful and what legal options are available to you.
What is Wrongful Termination in Florida?
In Florida, a termination is considered wrongful when it violates a law, a contract, or public policy. The most common grounds for a wrongful termination claim include:
Discrimination: You cannot be fired because of your race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or marital status. These protections are established under federal laws like Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA), as well as the Florida Civil Rights Act.
Retaliation: Your employer cannot fire you for engaging in a “protected activity.” This includes things like filing a complaint about discrimination or harassment, reporting illegal activities at work (whistleblowing), participating in a workplace investigation, or taking a legally protected leave of absence under the Family and Medical Leave Act (FMLA).
Breach of Contract: While most Florida employees are at-will, if you have a written employment contract that outlines the specific circumstances under which you can be terminated, your employer must follow those terms. Firing you in violation of the contract’s terms can be a breach of contract claim.
Whistleblower Retaliation: The Florida Whistleblower Act protects both public and private sector employees from being fired for reporting illegal activity, unethical conduct, or violations of health and safety standards. If you were terminated after blowing the whistle on your employer’s wrongdoing, you may have a claim.
Exercising a Legal Right: You cannot be terminated for exercising a legally protected right, such as filing a workers’ compensation claim after a workplace injury, serving on a jury, or refusing to engage in illegal activity at your employer’s request.
If you suspect that your firing was for an unlawful reason, it is crucial to consult with a wrongful termination attorney to evaluate your case.
Don’t Let an Unlawful Firing Go Unchallenged.
If you believe you were wrongfully terminated, it is important to act quickly. There are strict deadlines for filing a claim, and evidence can be lost over time. Our Miami wrongful termination lawyers are ready to listen to your story, explain your rights, and help you seek justice. You may be entitled to recover lost wages, benefits, and damages for emotional distress.
Contact us today for a confidential and free consultation to discuss your case.
Wrongful Termination FAQs
Learn more about these commonly asked questions
Is Florida an at-will employment state?
Yes, Florida is an at-will employment state. This means that an employer can fire an employee for any reason, a bad reason, or no reason at all, as long as the reason is not illegal.
What is a protected activity in Florida?
A protected activity is an action an employee takes that is protected by law. This can include reporting discrimination or harassment, requesting a reasonable accommodation for a disability, taking FMLA leave, or reporting illegal acts by your employer.
Can I be fired for reporting a safety violation at work?
No. The Florida Whistleblower Act provides protection for employees who report or refuse to participate in activities that violate laws, rules, or regulations. This includes reporting health and safety violations.
How do I prove my termination was wrongful?
Proving wrongful termination requires showing that the illegal reason was the real reason for your firing. Evidence can include emails, text messages, witness testimony, inconsistent reasons for termination from your employer, and documentation of your performance reviews. An experienced attorney can help you gather and present this evidence.
What is the Florida Civil Rights Act?
The Florida Civil Rights Act (FCRA) is a state law that mirrors federal protections against employment discrimination. It prohibits employers from discriminating against employees based on their race, color, religion, sex, national origin, age, handicap, or marital status.
How long do I have to file a wrongful termination claim?
The time limit for filing a claim, known as the statute of limitations, can vary depending on the type of claim. For many discrimination claims, you must first file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR) within a specific timeframe, typically 180 or 300 days from the date of the termination. It is crucial to speak with a lawyer promptly to ensure you don’t miss any deadlines.
What can I recover in a wrongful termination lawsuit?
If your case is successful, you may be able to recover various damages, including back pay (lost wages from the termination date to the judgment), front pay (future lost wages), emotional distress damages, and in some cases, punitive damages to punish the employer for their misconduct. In some cases, you may also be reinstated to your job.
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Why Choose The Guzman Firm for My Case?
Richard Guzman’s extensive legal experience and commitment to South Florida make him uniquely qualified to handle wrongful termination cases. His personalized approach ensures that your rights are protected every step of the way.
If you’re wrongful termination dispute in Miami, contact The Guzman Firm today for compassionate and skilled legal representation. Let us help you reclaim your peace of mind and fight for justice under Florida’s robust employment laws.
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