Miami Wrongful Termination Lawyer
If you’ve been fired from your job in Miami, you may be wondering whether your termination was legal. Florida is an at-will employment state, which means employers can usually fire employees for any reason or no reason at all. However, important exceptions exist.
Your employer cannot terminate you because of your race, gender, age, disability, religion, national origin, or pregnancy. You cannot be fired for reporting illegal activity, filing a discrimination complaint, requesting medical leave, or refusing to participate in unlawful conduct.
Miami, Florida employment law attorneys Jason D. Berkowitz and Anisley Tarragona represent employees in wrongful termination cases throughout Miami-Dade County and South Florida. As founding partners of BT Law Group, they bring a unique perspective to employee representation. Both attorneys previously worked as management-side lawyers defending Fortune 100 companies against employment claims. This experience gives them deep insight into how employers and their insurance companies evaluate wrongful termination cases.
This guide explains Florida’s at-will employment law, the protected categories under state and federal law, what constitutes unlawful retaliation, how to prove wrongful termination, and what your case may be worth. Call BT Law Group at (305) 507-8506 for a consultation with an experienced Miami wrongful termination lawyer.
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What Is Wrongful Termination in Florida?
Wrongful termination occurs when an employer fires an employee for an illegal reason. Florida follows the at-will employment doctrine. Under this doctrine, either the employer or the employee can end the employment relationship at any time, for almost any reason, without advance notice. The employee can quit, and the employer can terminate employment, without providing a reason.
However, Florida law and federal law create significant exceptions to at-will employment. The Florida Civil Rights Act (Florida Statutes § 760.01 et seq.) prohibits discrimination and retaliation in employment. Even though your employer does not need a reason to fire you, the actual reason for your termination cannot be illegal. Illegal reasons include discrimination based on protected characteristics, retaliation for engaging in protected activities, breach of an employment contract, and termination in violation of public policy. When an employer fires you for one of these illegal reasons, you may be able to bring a wrongful termination claim to recover damages and hold your employer accountable.
The burden falls on you to prove your termination was unlawful. Your employer likely will not admit the real reason for your firing. Most wrongful termination cases are proven through circumstantial evidence that shows a pattern of discriminatory or retaliatory conduct.
In Miami-Dade County, wrongful termination cases are filed with the U.S. District Court for the Southern District of Florida or the Miami-Dade County Circuit Court. Employees who file discrimination charges with the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR) have their cases investigated before they can proceed to court.
Key Takeaway: Florida’s at-will employment law allows employers to fire employees for any reason or no reason, but important exceptions exist. Employers cannot terminate you because of your membership in a protected category, in retaliation for protected activities, or in violation of an employment contract.
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What Are the Protected Categories Under Florida and Federal Law?
Federal and Florida laws protect employees from discrimination based on certain personal characteristics known as “protected categories.” If your employer fires you because you are a member of a protected category, that termination is illegal discrimination.
Race and National Origin Discrimination
Title VII of the Civil Rights Act and the Florida Civil Rights Act prohibit discrimination based on race and national origin. Race discrimination includes treating an employee unfavorably because of their race or because of personal characteristics associated with race, such as hair texture or facial features. National origin discrimination means treating someone unfavorably because they are from a particular country or region, have a particular accent, or appear to be of a certain ethnic background.
For example, your employer cannot fire you because you are Black, Hispanic, Asian, or white. Your employer cannot terminate you because you have a Cuban accent or because you were born in Cuba.
Gender, Sex, and Pregnancy Discrimination
Federal and Florida law prohibit discrimination based on sex and gender. This protection covers biological sex, sexual orientation, and pregnancy. Your employer cannot fire you because you are a woman, because you are transgender, or because you revealed that you are gay or lesbian.
Pregnancy discrimination is a form of sex discrimination. Your employer cannot terminate you because you are pregnant, because you gave birth, or because of medical conditions related to pregnancy or childbirth. The law also protects you if your employer fires you for requesting pregnancy-related accommodations.
Religious Discrimination
Religious discrimination occurs when an employer treats you unfavorably because of your religious beliefs, practices, or observances. Your employer must provide reasonable accommodations for your sincerely held religious beliefs unless doing so would create undue hardship for the business. If your employer fires you because you requested time off for religious observance or because you wear religious attire, that termination may be unlawful.
Age and Disability Discrimination
The Age Discrimination in Employment Act (ADEA) protects employees who are 40 years of age or older from age-based discrimination. Florida law also provides protection from age discrimination. Your employer cannot fire you, deny you a promotion, or reduce your pay because of your age. If you were replaced by a significantly younger employee shortly after turning 50, this may be evidence of age discrimination.
The Americans with Disabilities Act (ADA) and Florida law prohibit discrimination against employees with disabilities. A disability is a physical or mental impairment that substantially limits one or more major life activities. Your employer must provide reasonable accommodations that allow you to perform the essential functions of your job unless the accommodation would create undue hardship. If your employer terminates you because of your disability or because you requested a disability accommodation, you may have a wrongful termination claim.
| Protected Category | Federal Law | Florida Law | Covers |
|---|---|---|---|
| Race | Title VII | Florida Civil Rights Act | Hiring, firing, promotion, pay, terms of employment |
| National Origin | Title VII | Florida Civil Rights Act | Hiring, firing, promotion, pay, terms of employment |
| Sex/Gender | Title VII | Florida Civil Rights Act | Includes gender identity and sexual orientation |
| Religion | Title VII | Florida Civil Rights Act | Includes reasonable accommodation requirements |
| Age (40+) | ADEA | Florida Civil Rights Act | Applies to employees 40 and older |
| Disability | ADA | Florida Civil Rights Act | Includes reasonable accommodation requirements |
| Pregnancy | Title VII (PDA) | Florida Civil Rights Act | Pregnancy, childbirth, related medical conditions |
Key Takeaway: Federal and Florida laws prohibit employment discrimination based on race, national origin, sex, gender, pregnancy, religion, age, and disability. If your employer fired you because of your membership in one of these protected categories, you have grounds for a wrongful termination claim.
What Is Unlawful Retaliation in Miami?
Unlawful retaliation is a separate and common basis for wrongful termination claims. According to the EEOC, retaliation claims are now the most frequently filed type of employment discrimination charge, accounting for over 55% of all charges in recent years.
Retaliation occurs when your employer takes adverse action against you because you engaged in a protected activity. Under Florida Statutes § 760.10(7), employers cannot discriminate against employees who oppose unlawful practices or participate in proceedings under the Florida Civil Rights Act. To prove retaliation, you must show three elements: you engaged in a protected activity, your employer took an adverse action against you (such as termination), and a causal connection exists between the protected activity and the adverse action.
Protected activities include opposing discriminatory practices, filing a charge of discrimination with the EEOC or Florida Commission on Human Relations (FCHR), participating in an investigation or proceeding related to discrimination, reporting illegal conduct or safety violations (whistleblowing), filing a workers’ compensation claim, requesting or taking leave under the Family and Medical Leave Act (FMLA), and requesting reasonable accommodations for a disability or religious belief.
For example, if you report sexual harassment to Human Resources and your employer fires you two weeks later, the short time between your complaint and your termination creates an inference of retaliation. The closer in time your termination follows your protected activity, the stronger your retaliation claim becomes.
Adverse actions include termination, demotion, pay reduction, denial of promotion, transfer to a less desirable position, and hostile treatment that makes working conditions intolerable. Your employer cannot retaliate against you for exercising your legal rights or reporting violations of law.
Jason D. Berkowitz and Anisley Tarragona handle retaliation claims under Title VII, the Florida Whistleblower Act, the FMLA, the ADA, and other federal and state laws. Call BT Law Group at (305) 507-8506 to discuss your retaliation claim.
Key Takeaway: Florida and federal laws prohibit employers from retaliating against employees who report discrimination, file complaints, participate in investigations, or engage in other protected activities. If your employer fired you shortly after you engaged in a protected activity, you may have a retaliation claim even if you cannot prove discrimination.
Can I Sue for Breach of Employment Contract?
Most employees in Florida work at will, which means they do not have an employment contract that limits their employer’s ability to terminate them. However, some employees have written employment contracts that require “just cause” for termination or that specify particular procedures the employer must follow before terminating employment.
If you have an employment contract that requires just cause for termination, your employer can only fire you for reasons specified in the contract, which could include poor performance, misconduct, or violation of company policy. If your employer terminates you without just cause or without following the procedures outlined in your contract, you may be able to bring a breach of contract claim to recover damages.
Jason D. Berkowitz reviews employment contracts to determine whether your termination violated contractual protections. If you have an employment contract, bring it to your consultation.
Key Takeaway: Most Florida employees work at will. However, if you have a written contract that requires just cause for termination or specifies termination procedures, your employer’s failure to follow those terms may give you a breach of contract claim.
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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. Before launching BT Law Group, he was a partner in the Miami office of a national labor and employment law firm where he represented management exclusively, including many Fortune 100 companies. This experience defending employers gives Jason unique insight into how employers and their attorneys approach wrongful termination cases. He uses that knowledge to anticipate employer defenses and maximize recovery for employees.
Jason earned his J.D., cum laude, from the University of Miami School of Law in 2008 and his B.A. from Tufts University in 2003. He is admitted to practice in Florida and before the U.S. District Court for the Southern District of Florida, the U.S. District Court for the Middle District of Florida, the U.S. District Court for the Northern District of Florida, and the U.S. Court of Appeals for the Eleventh Circuit. Jason focuses his practice on employment discrimination, harassment, retaliation, wrongful termination, wage and hour disputes, misclassification, restrictive covenants, and breach of contract claims under federal and Florida law.
Anisley Tarragona, Esq.
Anisley Tarragona is a founding partner of BT Law Group, PLLC, and a Miami-based employment litigation attorney. Before founding BT Law Group, Anisley worked in the Miami office of a national labor and employment law firm where she represented management exclusively. That experience gives her deep insight into how employers and their insurance companies evaluate wrongful termination cases. She uses this knowledge to level the playing field for her clients.
Anisley was born and raised in Cuba and is fluent in Spanish. She frequently advises Spanish-speaking clients and understands the importance of communicating with clients in their native language to build trust and ensure they feel heard throughout the legal process. Anisley earned her J.D. from the University of Miami School of Law in 2007 and her B.S.B.A. from the University of Central Florida in 2004.
Anisley is admitted to practice in Florida and before the U.S. District Court for the Southern District of Florida, the U.S. District Court for the Middle District of Florida, the U.S. District Court for the Northern District of Florida, and the U.S. Court of Appeals for the Eleventh Circuit. She focuses her practice on wrongful termination, sexual harassment, employment discrimination, retaliation, wage and hour disputes, failure to accommodate, and breach of contract claims. Anisley is known for her assertive approach and attention to detail in complex employment cases. Plus, Anisley is a fluent Spanish speaker.
What Should I Do Immediately After Being Fired?
If you have already been terminated, taking immediate action can help preserve your legal rights and strengthen your case.
- Request a termination letter. Ask your employer to provide written documentation of the reason for your termination. Your employer may give you a generic reason or no reason at all. Even if the stated reason seems false or pretextual, having it in writing prevents your employer from inventing new reasons later.
- Gather all documentation. Collect copies of your employment contract, employee handbook, performance reviews, disciplinary notices, emails, and any other documents related to your employment. If you still have access to your work email, you can print key emails to support a potential claim. This evidence will be essential to proving your case.
- Preserve evidence immediately. Save everything to a personal device or email account before your employer cuts off your access to company systems. Take photographs or screenshots of relevant documents, messages, or posts. Do not alter or delete anything.
- Write down a detailed account. While the circumstances are fresh in your memory, write down everything that happened leading up to your termination. Include dates, times, names of people involved, what was said, and any witnesses. This contemporaneous account can help your attorney evaluate your case and prepare for litigation.
- Note any statements made by your employer. If your supervisor or HR representative made statements about the reason for your termination, write down exactly what was said. If those statements differ from what your employer says later, the inconsistency may support your case.
- Contact an employment attorney immediately. Strict deadlines apply to wrongful termination claims. For discrimination claims, you typically have 300 days to file a charge with the EEOC or 365 days to file with the FCHR. Missing these deadlines can prevent you from pursuing your claim. An attorney can help you understand which deadlines apply to your situation.
Jason D. Berkowitz and Anisley Tarragona help wrongfully terminated employees throughout Miami preserve their claims and meet critical filing deadlines. Call (305) 507-8506 as soon as possible after your termination.
Key Takeaway: After you are fired, request a termination letter, gather all documents, preserve evidence, write down a detailed account, file for unemployment, and contact an employment attorney immediately to protect your rights and meet filing deadlines.
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How Do You Prove Wrongful Termination in Miami?
Proving wrongful termination can be challenging because most employers do not openly admit they fired you for discriminatory or retaliatory reasons. Employers are trained to document legitimate business reasons for termination and to avoid statements that suggest discriminatory or retaliatory motives. This means most wrongful termination cases are proven through circumstantial evidence.
Circumstantial evidence shows a pattern of conduct that supports an inference of discrimination or retaliation. For discrimination cases, your attorney will look for evidence that employees in your protected category were treated worse than employees outside the protected category. For example, if your employer fired you for poor performance but did not fire younger employees with similar or worse performance, this differential treatment may support an age discrimination claim.
For retaliation cases, timing is critical. The shorter the time between your protected activity (such as filing a complaint) and your termination, the stronger your case becomes. If your employer fires you within days or weeks of your complaint, this temporal proximity creates an inference of retaliation. As the time gap grows longer, you will need additional evidence to show the causal connection.
What Types of Evidence Can Be Used in a Wrongful Termination Case?
Types of evidence that matter in wrongful termination cases include emails and text messages showing discriminatory or retaliatory comments, performance reviews (especially positive reviews that contradict your employer’s stated reason for termination), evidence showing similarly situated employees outside your protected category were treated more favorably, the timing between your protected activity and your termination, and shifting explanations from your employer about the reason for your termination.
It is important to understand that discrimination claims require evidence that your supervisor or other administrator discriminated against you. If only a co-worker made discriminatory comments, but your supervisor had no knowledge of those comments and did not participate in the decision to fire you, you may have a harassment claim, but not necessarily a discrimination claim.
Jason D. Berkowitz and Anisley Tarragona’s management-side experience gives them unique insight into how employers document termination decisions and what evidence will be most persuasive. They know what to look for in your employer’s records and how to build a compelling case through discovery and depositions.
Key Takeaway: Most wrongful termination cases are proven through circumstantial evidence, including patterns of differential treatment, timing between protected activities and termination, inconsistent explanations, and documentary evidence. Your attorney will use discovery to obtain your employer’s records and identify the evidence needed to prove your case.
How Much Is a Wrongful Termination Case Worth in Florida?
The value of a wrongful termination case depends on several factors, including your lost wages, the duration of your unemployment, the strength of your evidence, and the emotional impact of the termination. No two cases are identical, and attorneys cannot guarantee a specific outcome. However, understanding the categories of damages can help you evaluate what your case may be worth.
Economic Damages
Economic damages compensate you for financial losses caused by your wrongful termination. The main categories are back pay, front pay, and lost benefits.
- Back pay is the wages you would have earned from the date of your termination until the resolution of your case (whether through settlement or trial verdict). To calculate back pay, multiply your salary or hourly wage by the time you were unemployed. However, you have a duty to mitigate your damages by seeking comparable employment. If you find a new job that pays less than your previous position, you are entitled to the difference.
- Front pay is compensation for future lost earnings. If you cannot find a comparable job by the time your case is resolved, you may be entitled to front pay to compensate you for future wage losses until you obtain similar employment. The court or jury will estimate how long it will take you to find comparable work based on factors such as your age, skills, education, and the job market.
- Lost benefits include the value of health insurance, retirement contributions, bonuses, stock options, and other benefits you lost as a result of your termination.
Non-Economic Damages
Non-economic damages, also called compensatory damages, compensate you for emotional harm caused by your wrongful termination. These damages can include emotional distress, mental anguish, loss of reputation, humiliation, anxiety, depression, and loss of enjoyment of life. The amount of compensatory damages varies widely depending on how the termination affected you personally and if you were treated by a mental health provider because of what the employer did.
To maximize compensatory damages, you may need testimony from a mental health professional who treated you for anxiety, depression, or other conditions caused by the termination. Documentation of your emotional state, such as journal entries or testimony from family members, can also support your claim.
BT Law Group works with clients to document the full scope of their damages, including emotional harm that may not be immediately obvious. Anisley Tarragona helps clients understand how their case may be valued based on the severity of the emotional impact.
Key Takeaway: Wrongful termination damages include back pay, front pay, lost benefits, and compensatory damages for emotional distress. The value of your case depends on your lost wages, the length of your unemployment, the strength of your evidence, and the emotional impact of the termination. An experienced attorney can help you evaluate what your case may be worth.
Where Do You File a Wrongful Termination Claim in Miami?
The process for pursuing a wrongful termination claim depends on the legal basis for your claim. Some claims must be filed with administrative agencies before you can file a lawsuit. Other claims can be filed directly in court.
EEOC (Equal Employment Opportunity Commission)
If your wrongful termination claim is based on discrimination under federal law (Title VII, the ADA, or the ADEA for example), you must file a Charge of Discrimination with the EEOC before you can file a lawsuit. The EEOC is a federal agency that investigates discrimination complaints. The EEOC Miami District Office is located in Miami and generally investigates charges from south Florida.
You have 300 days from the date of your termination to file a charge with the EEOC. Because Florida has a state anti-discrimination agency (the FCHR) with a work-sharing agreement with the EEOC, you can dual-file your charge with both agencies. After you file your charge, the EEOC will investigate or attempt to resolve the complaint through mediation or conciliation. If the EEOC does not, or cannot timely, resolve your complaint, it will issue a Right to Sue letter. You then have 90 days to file a lawsuit in federal court.
FCHR (Florida Commission on Human Relations)
The Florida Commission on Human Relations is a Florida state agency that investigates discrimination claims under the Florida Civil Rights Act. You can file a Charge of Discrimination with the FCHR if your claim is based on state law. You have 365 days from the date of your termination to file with the FCHR. The process is similar to the EEOC process: the FCHR investigates, attempts to resolve the complaint, and issues a Determination.
In Florida, you generally must file an employment discrimination complaint within 365 days. The FCHR typically has 180 days to make a determination. If the FCHR issues a reasonable cause determination (or issues a notice of rights because a timely determination wasn’t made), you may be able to proceed to court; if the FCHR issues a no cause determination, the next step may involve requesting an administrative hearing within 35 days.
Federal and State Courts
After exhausting the EEOC or FCHR administrative process, you can file a lawsuit in the U.S. District Court for the Southern District of Florida or in Miami-Dade County Circuit Court. Some claims, such as breach of contract and certain types of retaliation, do not require you to file with an administrative agency first and can be filed directly in court.
Filing deadlines vary depending on the type of claim. Discrimination claims require EEOC or FCHR charges within 300-365 days. After receiving a Right to Sue letter, you have 90 days to file a lawsuit. Breach of contract claims have a statute of limitations of four to five years, depending on whether the contract is written or oral.
Jason D. Berkowitz and Anisley Tarragona handle the entire process, from filing EEOC and FCHR charges to litigating cases in federal and state courts throughout Miami. Call (305) 507-8506 to discuss your case and ensure you meet all applicable deadlines.
Key Takeaway: Discrimination claims must be filed with the EEOC or FCHR before you can sue. The EEOC deadline is 300 days, and the FCHR deadline is 365 days. After receiving a Right to Sue letter, you have 90 days to file a lawsuit on your federal law claims. Other claims, such as breach of contract, can be filed directly in court. Strict deadlines apply, so contact an attorney immediately.
Serving Employees Throughout Miami and South Florida
BT Law Group represents wrongfully terminated employees throughout Miami-Dade County and South Florida. We handle employment discrimination, retaliation, and wrongful termination cases in communities including:
- Miami
- Miami Beach
- Edgewater
- Coral Gables
- Hialeah
- Kendall
- Doral
- Aventura
- Homestead
- Coconut Grove
- Brickell
- Pinecrest
- South Miami
- North Miami
- Miami Lakes
- Sweetwater
- Miami Gardens
Jason D. Berkowitz and Anisley Tarragona also represent employees in Broward County and Palm Beach County. They appear in federal courts throughout Florida, including the U.S. District Court for the Southern District of Florida, the Middle District of Florida, and the Northern District of Florida.
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Get Help from Miami Wrongful Termination Attorneys
Losing your job is financially and emotionally devastating. When your termination was illegal, you have the right to hold your employer accountable and recover damages for your lost wages and emotional harm. Florida law and federal law prohibit termination based on discrimination, retaliation, and breach of contract.
Jason D. Berkowitz and Anisley Tarragona have represented employees in wrongful termination cases throughout Miami and South Florida. As former management-side attorneys who defended Fortune 100 companies against employment claims for years, they understand how employers and their insurance companies evaluate cases and what evidence is needed to maximize recovery.
Call BT Law Group at (305) 507-8506 for a consultation. Our Miami office at 3050 Biscayne Blvd, Suite 205, serves employees throughout Miami-Dade County and South Florida. Jason D. Berkowitz and Anisley Tarragona can review the circumstances of your termination, explain your rights under Florida and federal law, and help you understand what your case may be worth. Do not wait, strict deadlines apply to wrongful termination claims.
Frequently Asked Questions About Wrongful Termination in Miami
What constitutes wrongful termination in Florida?
Wrongful termination occurs when an employer fires an employee for an illegal reason. While Florida is an at-will state, employers cannot fire you based on race, gender, age, disability, religion, national origin, or pregnancy. They also cannot terminate you for reporting discrimination, filing complaints, engaging in protected activity, complaining about being owed unpaid overtime, or violating an employment contract.
Can I be fired for any reason in Florida?
Generally, yes – Florida’s at-will doctrine allows termination for any reason. However, employers cannot fire you for illegal reasons like discrimination based on protected characteristics, retaliation for protected activities, or breach of an employment contract.
What are protected categories under Florida law?
Protected categories include race, national origin, sex (including sexual orientation), religion, pregnancy, age (40+), and disability. Both federal laws (Title VII, ADEA, ADA) and the Florida Civil Rights Act prohibit discrimination based on these characteristics.
How much is my wrongful termination case worth in Miami?
Case value depends on lost wages, unemployment duration, evidence strength, and emotional impact. Damages include back pay, front pay, lost benefits, and compensatory damages for emotional distress. Punitive damages may apply in egregious cases. Every case differs, and no outcome is guaranteed.
What should I do if I think I'm about to be wrongfully terminated?
Document everything – dates, conversations, incidents. Save all communications. Request written explanations for disciplinary actions. Note any changes in treatment after protected activities. Do not sign separation or severance agreements without consulting an attorney first.
What should I do immediately after being wrongfully fired?
Request a termination letter, gather all employment documents, preserve evidence before losing system access, and write a detailed account while events are fresh. Contact an attorney immediately – discrimination charges often must be filed within 300 or 365 days.
How do I prove I was wrongfully terminated in Florida?
Most cases rely on circumstantial evidence since employers rarely admit their true motives. Key evidence includes emails showing discriminatory comments, positive performance reviews contradicting the stated termination reason, differential treatment of employees outside your protected category, timing between protected activity and termination, and shifting employer explanations.
How long do I have to file a wrongful termination claim in Florida?
EEOC charges: 300 days. FCHR charges: 365 days. After receiving a Right to Sue letter: 90 days to file a lawsuit under your federal claims. Breach of contract: 4-5 years.
What is the difference between wrongful termination and unlawful retaliation?
Discrimination-based wrongful termination occurs when you’re fired for being in a protected category. Retaliation occurs when you’re fired for engaging in protected activities like reporting discrimination or filing complaints. You can prove retaliation without proving discrimination – the focus is on timing and causal connection.
Do I need an attorney for a wrongful termination case in Miami?
While not legally required, an attorney significantly increases your chances of success. Most employment attorneys work on contingency – you pay nothing unless you recover damages, and your employer may be required to pay your attorney’s fees if you win.
Can I sue for wrongful termination if I was an at-will employee?
Yes. At-will employment doesn’t permit termination for illegal reasons. If your employer fired you because of a protected characteristic or in retaliation for protected activity, you have grounds for a claim regardless of your at-will status.
Can I be fired for reporting illegal activity in Florida?
No. The Florida Whistleblower Act and federal laws protect employees who report violations of law, safety issues, or fraud. If you were fired for reporting illegal conduct, you may have a retaliation claim.
What if I was forced to resign due to a hostile work environment?
This may constitute constructive discharge—when conditions are so intolerable a reasonable person would feel forced to quit. If proven, your resignation is treated as wrongful termination, entitling you to the same remedies as if you’d been fired.
Can I be fired for taking FMLA leave in Miami?
No. The FMLA protects employees taking leave for serious health conditions or family care. Terminating you for requesting or taking FMLA leave is illegal retaliation. FMLA applies to employers with 50+ employees within a 75-mile radius and workers with at least 12 months and 1,250 hours of service.
What damages can I recover in a wrongful termination case?
Economic damages include back pay, front pay, and lost benefits. Non-economic damages cover emotional distress, mental anguish, and humiliation. Punitive damages may apply for egregious conduct. Your employer may also be required to pay your attorney’s fees.