Wrongful termination occurs when an employer fires an employee for a reason that violates federal or state law. Under Florida law, most employment is at-will, meaning employers can fire workers at any time for any lawful reason or no reason at all. However, several major exceptions protect employees from termination based on illegal discrimination, retaliation for whistleblowing, requesting medical leave, or complaining about wage violations.
At BT Law Group, PLLC, Miami employment attorneys Jason D. Berkowitz and Anisley Tarragona represent employees who have been illegally fired. Both attorneys previously worked for national employment law firms representing employers, which gives them unique insight into how companies approach and defend wrongful termination claims. This experience helps build stronger cases for workers throughout Miami-Dade County and South Florida. Our Florida wrongful termination lawyers handle claims involving discrimination, retaliation, and violations of federal employment protections.
This guide explains the most common types of wrongful termination, what laws protect you, and how to recognize when your firing may have been illegal. You will also learn about available remedies and when to contact an attorney. Call BT Law Group, PLLC at (305) 507-8506 to speak with Jason D. Berkowitz or Anisley Tarragona about your case.
What Does At-Will Employment Mean in Florida?
At-will employment means an employer can terminate your employment at any time without providing advance notice or a specific reason. Similarly, employees can quit at any time without giving notice. This arrangement gives both parties flexibility to end the relationship when it no longer works for them.
However, at-will employment does not mean employers can fire you for any reason. Federal and state laws prohibit termination based on protected characteristics, retaliation for exercising legal rights, or refusal to participate in illegal activities. When an employer violates these protections, the termination becomes wrongful under the law.
Most employees in Florida work at-will unless they have an employment contract that specifies different terms. Union members and government employees often have additional protections through collective bargaining agreements or civil service rules. If you believe you had a contract that limited your employer’s ability to fire you, review the document carefully or have an attorney examine it.
Key Takeaway: At-will employment allows employers to fire workers without a reason, but employers still cannot fire employees for illegal reasons such as discrimination, retaliation, or exercising protected rights under federal or state law.
When Can You Sue for Wrongful Termination in Florida?
You can sue for wrongful termination when your employer fires you for a reason that violates federal or state law. The most common violations involve discrimination based on protected characteristics, retaliation for reporting illegal conduct, or termination for exercising rights under employment protection statutes.
Discrimination Based on Protected Characteristics
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin. The Florida Civil Rights Act (FCRA) provides similar protections under state law.
Other federal laws protect additional characteristics. The Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals with disabilities. The Age Discrimination in Employment Act (ADEA) protects workers age 40 and older from age-based discrimination. The Pregnancy Discrimination Act prohibits adverse employment actions based on pregnancy, childbirth, or related medical conditions.
Employers with 15 or more employees must comply with Title VII, the ADA, and the Florida Civil Rights Act. The ADEA generally applies to private employers with 20 or more employees. If your employer fired you because of any protected characteristic, the termination likely violated federal or state law. This applies even in at-will employment relationships.
Retaliation for Protected Activity
Federal and state laws prohibit employers from firing workers who engage in protected activities. These activities include filing complaints about discrimination, reporting safety violations, requesting reasonable accommodations, or participating in workplace investigations.
The Florida Private Whistleblower Act protects employees who report their employer’s violations of laws, rules, or regulations. If you disclose (or threaten to disclose) a violation to a government agency, the statute requires you to first bring the violation to your employer’s attention in writing and give the employer a reasonable opportunity to correct it.
Federal whistleblower laws protect workers who report specific violations, such as fraud against the government, safety violations, or securities fraud. The protections vary depending on which law applies to your situation.
Exercising Legal Rights
Employers cannot fire you for exercising rights granted by federal or state employment laws. Common examples include requesting Family and Medical Leave Act (FMLA) leave, filing workers’ compensation claims, requesting reasonable accommodations under the ADA, or complaining about unpaid wages under the Fair Labor Standards Act (FLSA).
Key Takeaway: Wrongful termination occurs when an employer fires you for discriminatory reasons, in retaliation for protected activities such as whistleblowing or filing complaints, or for exercising legal rights like requesting medical leave or reasonable accommodations.
What Are the Five Most Common Wrongful Termination Examples?
The following five scenarios are among the most common types of wrongful termination claims asserted in Florida.
Complaining About Unpaid Overtime or Wage Violations
The FLSA requires employers to pay non-exempt employees overtime wages for hours worked over 40 in a workweek. Overtime pay must equal at least one and one-half times your regular rate of pay. The FLSA also prohibits employers from retaliating against employees who complain about unpaid wages or misclassification.
An example of wrongful termination in this category would be an employee who works 50 hours per week but receives the same hourly rate for all hours worked. When the employee asks their manager about the missing overtime pay, the manager fires them the next day. This termination likely violates the FLSA’s anti-retaliation provisions.
Misclassification occurs when an employer incorrectly labels an employee as exempt from overtime requirements. Common misclassification mistakes include treating employees as independent contractors when they should be classified as employees, or designating employees as exempt managers when they do not meet the duties test for the executive exemption.
If your employer fired you after you questioned your classification or complained about unpaid wages, you may have a retaliation claim under the FLSA. The FLSA covers many employers, but coverage can depend on the business and the nature of the work.
Reporting Illegal Conduct or Violations of Law
The Florida Private Whistleblower Act protects employees of private employers with at least 10 employees who report violations of laws, rules, or regulations. The Act requires you to follow specific procedures before the protections apply.
First, you must bring the illegal activity, policy, or practice to your employer’s attention in writing. This gives your employer a reasonable opportunity to correct the problem. After you provide written notice, your employer cannot fire you for disclosing or threatening to disclose the violation to government agencies or other appropriate entities.
The Act also protects employees who testify or provide information during government investigations into alleged legal violations. Additionally, it prohibits retaliation against employees who refuse to participate in activities they reasonably believe violate the law.
For example, a hiring manager at a Miami company discovers her employer maintains a policy against hiring pregnant applicants. She complains to human resources in writing and states she will not follow the discriminatory hiring policy. Her employer fired her one week later. This termination may violate both the Florida Private Whistleblower Act and federal anti-retaliation laws under Title VII.
Other federal whistleblower laws protect employees who report specific types of misconduct. The False Claims Act protects workers who report fraud against the federal government. The Occupational Safety and Health Act protects employees who report workplace safety violations. The Sarbanes-Oxley Act protects employees of publicly traded companies who report securities fraud.
Requesting Reasonable Accommodations for a Disability
The ADA and FCRA require employers with 15 or more employees to provide reasonable accommodations to qualified employees with disabilities. A reasonable accommodation is a modification or adjustment that enables you to perform the essential functions of your job.
Common reasonable accommodations include modified work schedules, specialized equipment, reassignment to a vacant position, or adjustments to workplace policies. Your employer must engage in an interactive process with you to identify potential accommodations that would allow you to perform your job duties.
An employer violates the ADA when they fire you simply because you requested an accommodation. For example, an employee undergoing cancer treatment finds it difficult to arrive for their shift on time due to medical appointments. The employee requests permission to start their shift one hour later and work one hour later to complete their full shift. Instead of discussing potential accommodations, the employer fires the employee immediately. This termination likely violates the ADA and FCRA.
The ADA also protects employees from discrimination based on their association with someone who has a disability. Your employer cannot fire you because your spouse, child, or other family member has a disability.
Additionally, both laws protect employees who are “regarded as” having a disability, even if they do not actually have an impairment that substantially limits a major life activity. While employers may not need to provide reasonable accommodations to employees regarded as disabled, they still cannot fire them based on the perceived disability.
Taking or Requesting Family or Medical Leave
The FMLA requires covered employers to provide eligible employees with up to 12 weeks of unpaid, job-protected leave during a 12-month period. Covered employers include private employers with 50 or more employees within a 75-mile radius, as well as public agencies and schools, regardless of size.
You become eligible for FMLA leave when you have worked for your employer for at least 12 months, worked at least 1,250 hours during the past 12 months, and work at a location where the employer has at least 50 employees within 75 miles.
FMLA leave is available for several qualifying reasons:
- Birth and care of your newborn child
- Placement of a child with you for adoption or foster care
- Care for your spouse, child, or parent with a serious health condition
- Your own serious health condition that makes you unable to perform your job
- Qualifying exigencies arising from a family member’s military deployment
- Care for a covered servicemember with a serious injury or illness (up to 26 weeks)
Your employer cannot fire you for requesting or using FMLA leave. You do not need to specifically request “FMLA leave” for the law to protect you. You only need to provide enough information to make your employer aware that you need leave for a potentially FMLA-qualifying reason.
For example, an employee tells her employer she needs eight weeks of leave to care for her father who will undergo spinal surgery and cannot care for himself during recovery. The employee has worked full-time for the company for two years and has not used any FMLA leave in the past year. When she requests the leave, her employer fires her immediately. This termination likely violates the FMLA.
Employers must restore you to the same position or an equivalent position when you return from FMLA leave. An equivalent position must have the same pay, benefits, and working conditions as your previous position.
Notifying Your Employer of Pregnancy or Requesting Pregnancy Accommodations
Title VII, the FCRA, and the Pregnant Workers Fairness Act (PWFA) all prohibit pregnancy discrimination in the workplace. Employers cannot fire you because you are pregnant, have recently given birth, or have a medical condition related to pregnancy or childbirth.
The PWFA, which took effect on June 27, 2023, requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions. The law applies to employers with 15 or more employees. Reasonable accommodations under the PWFA may include schedule adjustments, light-duty assignments, additional break time, or temporary reassignment.
Your employer must engage in an interactive process to identify appropriate accommodations unless providing the accommodation would impose an undue hardship on business operations. Employers cannot refuse to hire you, fire you, or take other adverse actions because you requested or received a pregnancy-related accommodation.
For example, an employee informs her employer that she is pregnant and needs to temporarily adjust her work schedule due to a pregnancy-related medical condition that causes severe morning nausea. Instead of discussing potential accommodations, the employer fires the employee and tells her the company cannot accommodate the schedule change. This termination may violate Title VII, the FCRA, and the PWFA.
Pregnancy discrimination also includes adverse actions based on an employee’s intention to become pregnant, past pregnancy, or perceived ability to become pregnant. Your employer cannot make employment decisions based on stereotypes about pregnant workers or assumptions about your ability to perform your job while pregnant.
Key Takeaway: The five most common wrongful termination examples involve firing employees for complaining about unpaid wages, reporting illegal conduct, requesting disability accommodations, taking family or medical leave, or disclosing pregnancy. All five scenarios violate federal or state employment laws that protect workers from retaliation and discrimination.
Wrongful Termination Attorneys in Miami – BT Law Group, PLLC
Jason D. Berkowitz, Esq.
Jason D. Berkowitz is a founding partner of BT Law Group, PLLC, and represents employees in wrongful termination, discrimination, and retaliation cases throughout Miami and South Florida. He graduated cum laude from the University of Miami School of Law in 2008 and received his undergraduate degree from Tufts University in 2003.
Before launching BT Law Group, Jason worked as a partner in the Miami office of a national labor and employment law firm representing employers. This background gives him valuable insight into how employers and their attorneys evaluate and defend wrongful termination claims. He uses this knowledge to build stronger cases for employees who have been illegally fired.
Jason is admitted to practice in Florida and before the U.S. District Courts for the Southern, Middle, and Northern Districts of Florida, as well as the U.S. Court of Appeals for the Eleventh Circuit. He litigates cases involving the FLSA, FMLA, ADA, Title VII, FCRA, Florida Private Whistleblower Act, and other employment laws that protect workers from wrongful termination.
Anisley Tarragona, Esq.
Anisley Tarragona is a founding partner of BT Law Group, PLLC, and focuses on employment litigation protecting workers’ rights. She graduated from the University of Miami School of Law in 2007 and received her undergraduate degree in business administration from the University of Central Florida in 2004.
Like Jason, Anisley previously practiced at a national employment law firm representing employers exclusively. That experience gives her unique insight into how companies and their insurance carriers approach workplace disputes. She uses this knowledge to advocate effectively for employees who have been wrongfully terminated or otherwise mistreated at work.
Born and raised in Cuba, Anisley is fluent in Spanish and frequently represents Spanish-speaking clients in Miami-Dade County. She litigates wrongful termination cases in federal and state courts and before administrative agencies throughout Florida. She is admitted to practice in Florida and before the U.S. District Courts for the Southern, Middle, and Northern Districts of Florida, as well as the U.S. Court of Appeals for the Eleventh Circuit.
What Remedies Are Available in Wrongful Termination Cases?
Remedies in wrongful termination cases depend on which law your employer violated and the specific damages you suffered. Common remedies include back pay, front pay, compensatory damages, and punitive damages.
| Remedy Type | What It Covers | Applicable Laws |
| Back Pay | Lost wages from termination date to judgment, including benefits | Title VII, ADA, ADEA, FMLA, FLSA, FCRA |
| Front Pay | Future lost wages when reinstatement is not feasible | Title VII, ADA, ADEA, FCRA |
| Compensatory Damages | Emotional distress, mental anguish, loss of enjoyment of life | Title VII, ADA, FCRA |
| Punitive Damages | Punishment for particularly egregious conduct (capped under federal law) | Title VII, ADA, FCRA |
| Liquidated Damages | An additional amount equal to lost wages (and, for FMLA, interest) unless the employer proves good faith; for ADEA, liquidated damages are available for willful violations. | FMLA, FLSA, ADEA |
| Reinstatement | Court order requiring employer to rehire you | Title VII, ADA, ADEA, FMLA, FCRA |
| Attorney Fees | Reimbursement of legal fees and costs | Most employment statutes |
Back pay represents wages and benefits you would have earned from your termination date until the court issues a judgment. This includes your salary or hourly wages, health insurance premiums, retirement contributions, and other benefits you lost because of the illegal termination.
Front pay compensates you for future lost wages when reinstatement to your former position is not practical or feasible. Courts award front pay when the employment relationship has deteriorated beyond repair or when reinstatement would create an uncomfortable or hostile situation.
Compensatory damages address non-economic harm such as emotional distress, mental anguish, inconvenience, and loss of enjoyment of life. To recover compensatory damages, you typically need evidence of the emotional harm you suffered, which may include testimony from mental health professionals, medical records, or your own testimony about how the termination affected you.
Punitive damages punish employers for particularly malicious or reckless conduct. Federal law caps the total amount of compensatory and punitive damages based on employer size. The caps range from $50,000 for employers with 15-100 employees to $300,000 for employers with more than 500 employees. Florida law caps punitive damages under the Florida Civil Rights Act at $100,000 (and does not use the same combined federal cap structure for compensatory + punitive damages).
Key Takeaway: Wrongful termination remedies may include back pay for lost wages, front pay for future earnings, compensatory damages for emotional distress, punitive damages for egregious conduct, reinstatement to your position, and reimbursement of attorney fees. The specific remedies available depend on which law applies to your case.
What Should You Do After a Wrongful Termination?
Taking the right steps immediately after your termination can strengthen your potential claim and protect your legal rights. The actions you take in the days and weeks following your firing may affect your ability to prove your case later.
First, request written documentation of your termination. Ask your employer to provide written confirmation of your termination date, the stated reason for your firing, and information about your final paycheck and benefits. Having this information in writing creates a record you can reference later.
Gather all documents related to your employment. This includes offer letters, employment contracts, performance reviews, emails, text messages, and any written communications about the circumstances leading to your termination. Also, collect pay stubs, time records, and documentation of any complaints you filed or protected activities you engaged in.
If you filed complaints about discrimination, harassment, safety violations, or unpaid wages before your termination, locate copies of those complaints. Documentation showing the timing between your protected activity and your termination can help establish the connection between the two events.
Write down everything you remember about the events leading to your termination. Include dates, times, locations, witnesses present, and what was said during important conversations. Your memory of specific details will fade over time, so creating a written record while events are fresh in your mind preserves important information.
Document your job search efforts and any wages you earn after your termination. You have a duty to mitigate your damages by making reasonable efforts to find comparable employment. Keep records of jobs you apply for, interviews you attend, and any employment you obtain. This information may become relevant if your case goes to trial.
File for unemployment benefits if you are eligible. Applying for unemployment does not prevent you from pursuing a wrongful termination claim. The determination about whether you were fired for misconduct is separate from whether your employer violated employment discrimination or retaliation laws.
Consult with an employment attorney as soon as possible. An attorney can evaluate whether your termination violated federal or state law, explain which filing deadlines apply to your situation, and advise you on the strength of your potential claims. Many employment attorneys offer free consultations to discuss potential wrongful termination cases.
Key Takeaway: After a wrongful termination, request written documentation of your firing, gather all employment-related documents, write down your recollection of events while details are fresh, document your job search efforts, apply for unemployment benefits, and consult with an employment attorney before filing deadlines expire.
Let a Miami Wrongful Termination Attorney Fight for the Compensation You Deserve
Losing your job creates financial stress and uncertainty, especially when you believe the termination violated your legal rights. Florida’s at-will employment laws give employers significant power, but they do not give employers unlimited authority to fire workers for illegal reasons.
Jason D. Berkowitz and Anisley Tarragona handle wrongful termination cases throughout Miami, Miami-Dade County, Broward County, and South Florida. At BT Law Group, PLLC, our wrongful termination attorneys evaluate each case carefully to determine whether your employer violated federal or state employment laws. Our attorneys handle filings with the EEOC and the Florida Commission on Human Relations, and we litigate cases in federal and state courts when necessary.
Call BT Law Group, PLLC at (305) 507-8506 for a consultation. Our office is located at 3050 Biscayne Boulevard, Suite 205, Miami, FL 33137. We serve employees throughout Miami-Dade, Broward, and Palm Beach counties.
