You can sue an at-will employer for wrongful termination if your firing violated federal or state law. Florida’s at-will employment doctrine gives employers broad discretion to terminate employees, but it does not permit illegal discrimination, retaliation, or violations of public policy. If your termination was based on a protected characteristic, retaliation for reporting illegal conduct, or another unlawful reason, you may have a valid wrongful termination claim regardless of your at-will status.
At BT Law Group, PLLC, Miami employment attorneys Jason D. Berkowitz and Anisley Tarragona represent employees throughout Florida who have been wrongfully terminated. Our team’s Miami, FL wrongful termination lawyers handle cases involving discrimination, retaliation, whistleblower protection, and contract violations in Miami and across South Florida.
This guide explains what at-will employment means, when Florida law protects you from termination, how to identify wrongful termination, what damages you can recover, and when to file a complaint. Call BT Law Group, PLLC at (305) 507-8506 to speak with Jason D. Berkowitz about your case.
What Does At-Will Employment Mean in Florida?
Florida follows the at-will employment doctrine. Under this rule, an employer can terminate an employee at any time, for any reason, or for no reason at all. Similarly, employees can quit at any time without notice or explanation.
This means your employer does not need to give you advance warning, provide a reason for your termination, or follow progressive discipline policies unless a contract requires it. Most Florida employees work at will unless they have a written employment contract, a union agreement, or are covered by civil service protections.
However, at-will employment is not absolute. Employers cannot fire you for reasons that violate federal or state law. The at-will doctrine does not shield employers from liability when they terminate employees based on illegal discrimination, retaliation, or other unlawful motives.
Contact Jason D. Berkowitz at BT Law Group, PLLC to determine whether your termination violated Florida or federal law.
When Can You Sue for Wrongful Termination Despite At-Will Status?
You can file a wrongful termination lawsuit if your employer violated a specific law, even if you were employed at will. The most common wrongful termination claims arise from discrimination, retaliation, whistleblower activity, violations of public policy, and breach of contract.
Discrimination Based on Protected Characteristics
Federal and Florida law prohibit employers from firing employees based on protected characteristics. Under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Florida Civil Rights Act (FCRA), it is illegal to terminate someone because of:
- Disability
- Sex or Gender
- Age
- National origin
- Religion
- Pregnancy
- Marital Status
- Sexual Orientation
- Race, and Color.
Florida law does not explicitly list sexual orientation or gender identity in the Florida Civil Rights Act, but the Florida Commission on Human Relations (FCHR) accepts these claims. Additionally, federal Title VII (after Bostock v. Clayton County) prohibits discrimination based on sexual orientation or gender identity.
Discrimination often takes subtle forms. An employer may claim they fired you for poor performance, but if you had strong evaluations and the termination occurred shortly after you disclosed a pregnancy or requested a disability accommodation, this could indicate discriminatory intent. Courts recognize that employers rarely admit discriminatory motives, so circumstantial evidence such as timing, inconsistent reasons, or disparate treatment compared to coworkers can support a discrimination claim.
Retaliation for Reporting Illegal Conduct or Exercising Legal Rights
Retaliation occurs when an employer punishes you for engaging in protected activity. This includes reporting illegal conduct, filing a complaint about workplace violations, or asserting your legal rights. Retaliation claims frequently arise when an employee is terminated shortly after:
- Filing a complaint about unpaid wages or overtime violations
- Reporting harassment or discrimination to human resources or a government agency
- Requesting reasonable accommodations under the ADA
- Taking leave under the Family and Medical Leave Act (FMLA)
- Participating in a workplace investigation
- Refusing to participate in illegal activity
Retaliation claims succeed when there is a clear connection between the protected activity and the adverse employment action. For example, if you filed a sexual harassment complaint and were fired two weeks later with no prior performance issues, this suggests retaliation. Timing alone does not prove retaliation, but when combined with a lack of legitimate justification, it creates a strong inference of unlawful motive.
The Florida Whistleblower Act protects private employees who report violations of law, disclose wrongdoing to a government agency, or refuse to participate in illegal activity. If your employer terminated you in retaliation for whistleblowing, you may be entitled to reinstatement, back pay, and damages.
Violation of Public Policy
Florida courts recognize a narrow public policy exception to at-will employment. This exception applies when an employer fires an employee for reasons that violate a clear public policy established by law. Examples include:
- Terminating an employee for refusing to commit an illegal act
- Firing someone for serving on a jury
- Terminating an employee for exercising their right to vote
- Firing someone for filing a workers’ compensation claim
Public policy wrongful termination claims are limited to situations where the termination contradicts a fundamental legal principle or statute. These cases are fact-specific, and Florida courts apply this exception narrowly.
Breach of Contract
Some employees have employment contracts that limit an employer’s ability to terminate them. These contracts may be written or implied. A wrongful termination claim based on breach of contract may arise if:
- Your written employment contract specified that you could only be terminated for cause
- Your contract required the employer to follow a specific termination process, such as progressive discipline
- Your employee handbook or company policies created an implied contract by promising job security or outlining termination procedures
- Your employer made verbal promises about job security that you reasonably relied upon
Florida courts are cautious about recognizing implied contracts, but they may enforce them when company policies clearly limit the employer’s ability to terminate at will. For example, if an employee handbook states that employees will only be terminated for serious misconduct or poor performance, and the employer fires you without following those procedures, you may have a breach of contract claim.
Key Takeaway: If you have a written or implied employment contract that limits your employer’s ability to terminate you, and your employer violated that contract, you may have a wrongful termination claim based on breach of contract.
BT Law Group, PLLC reviews employment contracts and company policies to determine whether your employer breached a contractual obligation.
Wrongful Termination Attorney in Miami – BT Law Group, PLLC
Jason D. Berkowitz, Esq.
Jason D. Berkowitz is a founding partner of BT Law Group, PLLC. He 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.
Before launching BT Law Group, Jason was a partner in the Miami office of a national labor and employment firm representing management exclusively, including many of America’s Fortune 100 companies. This experience gives him unique insight into how employers and their attorneys approach wrongful termination cases and evaluate potential liability. Jason litigates cases in federal and state courts and before administrative agencies and arbitration tribunals.
Anisley Tarragona, Esq.
Anisley Tarragona is a founding partner of BT Law Group, PLLC. She 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. She 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.
Before launching BT Law Group, Anisley practiced in the Miami office of a national labor and employment law firm representing management exclusively. Born and raised in Cuba, she is fluent in Spanish and frequently advises Spanish-speaking clients. Anisley is known for her assertive approach and attention to detail in complex employment cases.
How Do You Prove Your Employer’s Reason Was Pretextual?
Employers rarely admit to discriminatory or retaliatory motives. Instead, they typically provide a legitimate, non-discriminatory reason for the termination, such as poor performance, restructuring, or policy violations. However, if the employer’s stated reason is false or inconsistent with the facts, it may be a pretext for unlawful discrimination or retaliation.
Evidence that an employer’s reason is pretextual includes:
- Strong performance evaluations that contradict claims of poor performance
- Lack of prior warnings or disciplinary action
- Inconsistent application of policies (others who violated the same policy were not terminated)
- Timing (termination shortly after engaging in protected activity)
- Shifting explanations for the termination
- Comments by supervisors that suggest discriminatory or retaliatory intent
For example, if your employer claims you were fired for attendance issues but you have no documented attendance problems and were never warned, this inconsistency suggests the stated reason is pretextual. Similarly, if you were fired days after requesting FMLA leave, the proximity between the protected activity and the termination supports an inference of retaliation.
| Type of Evidence | What It Shows | Example |
|---|---|---|
| Performance records | Contradiction between stated reason and actual performance | Strong evaluations despite claim of poor performance |
| Timing | Proximity between protected activity and termination | Fired two weeks after filing EEOC complaint |
| Disparate treatment | Others are treated differently for the same conduct | A coworker with similar attendance was not terminated |
| Shifting explanations | Inconsistent reasons suggest fabrication | Employer changes reason from “performance” to “restructuring.” |
Key Takeaway: If your employer’s stated reason for firing you does not match the facts or the timing suggests an unlawful motive, the reason may be pretextual. Evidence such as performance records, timing, inconsistent enforcement of policies, and changing explanations can establish pretext.
Jason D. Berkowitz investigates employer motives and gathers evidence to prove pretextual terminations.
What Damages Can You Recover in a Wrongful Termination Case?
If you prove wrongful termination, you may be entitled to compensation for economic and non-economic losses. Damages vary depending on the type of claim and the facts of your case.
Common damages in wrongful termination cases include:
- Back pay: Lost wages and benefits from the date of termination to the resolution of the case
- Front pay: Future lost earnings if reinstatement is not possible
- Emotional distress: Compensation for mental anguish, humiliation, and emotional harm caused by the wrongful termination
- Punitive damages: Additional damages intended to punish the employer for particularly egregious conduct (available in some discrimination and retaliation cases)
- Attorneys’ fees and costs: Many employment statutes allow prevailing employees to recover attorneys’ fees
For example, if you were wrongfully terminated from a position paying $60,000 per year and it took two years to resolve your case, you may be entitled to $120,000 in back pay, plus compensation for lost benefits such as health insurance and retirement contributions. If you cannot be reinstated and your new job pays less, you may also recover front pay to compensate for the difference in earnings.
BT Law Group, PLLC evaluates your economic losses and pursues full compensation for your wrongful termination.
Do You Need to File a Complaint Before Filing a Lawsuit?
In most wrongful termination cases involving discrimination, harassment, or retaliation, you must file a charge with a government agency before filing a lawsuit. This requirement gives the agency an opportunity to investigate and potentially resolve the matter before litigation.
The specific agency and deadlines depend on the type of claim:
- Federal discrimination claims (Title VII, ADA, ADEA): File a charge with the Equal Employment Opportunity Commission (EEOC) within 300 days of the discriminatory act
- Florida discrimination claims (FCRA): File a charge with the Florida Commission on Human Relations (FCHR) within 365 days of the discriminatory act
- Retaliation claims under federal law: Same deadlines as discrimination claims
- Whistleblower claims under the Florida Whistleblower Act: No administrative filing is required. You must file a lawsuit within 2 years after discovering the retaliation or within 4 years of the retaliation itself, whichever occurs first.
After filing a charge, the EEOC or FCHR will investigate. If the agency does not resolve the matter, it will issue a “right to sue” letter, which allows you to file a lawsuit in court. You generally have 90 days from receiving the right to sue letter to file a lawsuit.
For claims that do not require an administrative filing, such as breach of contract or certain public policy claims, you can file directly in court.
Key Takeaway: Most wrongful termination claims based on discrimination or retaliation require you to file a charge with the EEOC or FCHR before filing a lawsuit. Missing these deadlines can bar your claim, so consult an employment attorney promptly.
Jason D. Berkowitz handles administrative filings and ensures compliance with all procedural requirements.
What Should You Do If You Believe You Were Wrongfully Terminated?
If you believe you were wrongfully terminated, take the following steps to protect your rights:
- Document everything. Write down the details of your termination, including the date, who delivered the news, what was said, and any reasons given. Gather performance evaluations, emails, and other documents that may support your claim.
- Request your personnel file. Under Florida law, you may be entitled to review your personnel file. This file may contain performance reviews, disciplinary records, and other documents relevant to your case.
- File for unemployment benefits. Apply for unemployment compensation, called Reemployment Assistance, through FloridaCommerce, the new name for the Florida Department of Economic Opportunity. Claims are submitted via the Connect (Reconnect) portal.
- Preserve evidence. Save emails, text messages, voicemails, and other communications related to your employment and termination. If you have access to company documents, make copies before your access is revoked.
- Consult an employment attorney. Wrongful termination cases involve strict deadlines and complex legal standards. An attorney can evaluate your claim, identify applicable laws, and advise you on the best course of action.
- Do not sign anything without legal advice. Employers often ask terminated employees to sign severance agreements or releases in exchange for a small payment. These agreements may waive your right to sue. Do not sign until you have consulted an attorney.
BT Law Group, PLLC represents employees in Miami who have been wrongfully terminated. Anisley Tarragona and Jason D. Berkowitz evaluate your case, file administrative charges, and pursue compensation through settlement or litigation.
Get Help from a Miami Wrongful Termination Attorney
Losing your job is stressful, especially when you believe the termination was unlawful. You have legal rights, and Florida law provides remedies for employees who have been wrongfully terminated. Whether your termination was based on discrimination, retaliation, or another unlawful motive, you may be entitled to compensation.
Jason D. Berkowitz and Anisley Tarragona of BT Law Group, PLLC, represent employees in wrongful termination cases throughout Miami and South Florida. They litigate cases in federal and state courts and before administrative agencies, including the EEOC and FCHR. BT Law Group’s wrongful termination attorneys handle cases involving discrimination, retaliation, whistleblower protection, FMLA violations, and breach of contract.
Call BT Law Group, PLLC at (305) 507-8506 for a consultation. Our Miami office is located at 3050 Biscayne Blvd, Suite 205, and serves clients throughout Miami-Dade County and South Florida. Jason D. Berkowitz and Anisley Tarragona can review your situation, explain your rights, and help you pursue the compensation you deserve.
