If you were fired from your job in Miami, you may wonder what proof you need to win a wrongful termination claim. The short answer is that you need evidence showing your termination violated the law, whether through discrimination, retaliation, breach of contract, or violation of public policy. But there are important requirements: you must gather documentation, witness testimony, and records that connect your firing to an illegal reason. Understanding what evidence matters can make the difference between a successful claim and a case that falls apart before it reaches court.
At BT Law Group, PLLC, Miami employment lawyers Jason D. Berkowitz and Anisley Tarragona represent workers who have been wrongfully terminated throughout Miami, Brickell, Coral Gables, and Miami Beach. If you believe your termination was unlawful, don’t wait; contact BT Law Group today at (305) 507-8506 for a confidential consultation. Our experienced wrongful termination attorneys in Florida are ready to help you gather evidence, protect your rights, and fight for the justice you deserve.
This guide explains the types of evidence courts look for, how to preserve critical documents, what witness testimony can prove, and the steps you should take immediately after termination to protect your rights and strengthen your claim.
What Does Wrongful Termination Mean Under Florida Law?
Florida is an at-will employment state. This means your employer can fire you at any time, for any reason, or for no reason at all. However, that right is not unlimited.
Under the Florida Civil Rights Act, Sections 760.01–760.11, employers cannot terminate you for illegal reasons. Federal laws like Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) also protect workers from unlawful firing. When your termination violates these laws, you may have a wrongful termination claim.
Wrongful termination occurs when you are fired for a reason prohibited by a specific law (such as discrimination or retaliation laws) or when your employer breaches an enforceable contract governing termination. Even in an at-will state, employers cannot use their discretion to break the law. Proving your case requires showing that the real reason for your firing was illegal, not just unfair.
Key Takeaway: Florida allows at-will employment, but wrongful termination occurs when your firing violates federal or state laws prohibiting discrimination, retaliation, or contract breaches. Proving the termination was unlawful requires concrete evidence.
What Types of Evidence Prove Wrongful Termination?
Courts require specific types of evidence to establish that your termination was illegal. The burden of proof falls on you as the employee. This means you must show your employer’s stated reason for firing you was false, or that the real reason violated the law.
Written Documentation
Written communication forms the backbone of most wrongful termination cases. Emails, text messages, performance reviews, termination notices, and company policies can all reveal your employer’s true motivations.
For example, if your performance reviews were consistently positive until you reported harassment, that timeline tells a story. An email from your supervisor making discriminatory comments strengthens your claim significantly. Even seemingly neutral documents can help; a termination letter citing vague reasons like “not a good fit” may contradict years of excellent reviews.
Save everything related to your employment. Print emails before you lose access to your work account. Screenshot text messages from supervisors or coworkers that show bias, harassment, or retaliation. Keep copies of employee handbooks, written warnings, and any documentation you signed.
Performance Reviews and Evaluations
Your employment history provides critical context for a wrongful termination claim. If you received positive evaluations for years and were suddenly terminated after taking protected leave under the Family and Medical Leave Act (FMLA) or reporting safety violations, the timing creates a strong inference of retaliation.
Courts often compare your documented work performance against your employer’s stated reason for termination. A pattern of excellent reviews followed by an abrupt firing after you complained about discrimination can demonstrate pretext, meaning the employer’s excuse was false and used to cover up an illegal reason.
Employment Contracts and Company Policies
If you have a written employment contract, your employer must follow its terms. Contracts often specify reasons for which you can be terminated and require certain procedures before firing you. When an employer violates these contractual provisions, you may have grounds for a breach of contract claim.
Key Takeaway: Written evidence, including emails, text messages, performance reviews, and employment contracts, forms the foundation of wrongful termination cases. Document everything and preserve all communications before you lose access to company systems.
How Does Witness Testimony Support a Wrongful Termination Claim?
Witness testimony can provide powerful evidence that documents alone cannot show. Coworkers, supervisors, and others who observed what happened can testify about discriminatory comments, unfair treatment, or changes in how you were treated after engaging in protected activity.
Coworker Statements
Colleagues who witnessed discriminatory remarks, saw you being treated differently, or heard conversations about your termination can corroborate your version of events. Their testimony is especially valuable when they have no personal stake in the outcome.
For instance, if a coworker heard your manager say they wanted to “get rid of the older employees,” that statement provides evidence of age discrimination. Even if that coworker no longer works for the company, their testimony remains powerful.
Your Own Testimony
Your account of what happened matters. You can testify about conversations that occurred, how you were treated, and what you observed leading up to your termination. While your testimony alone may not be enough to win a case, it provides essential context that documents cannot capture.
Be prepared to explain the timeline of events, identify who said what, and describe how your treatment changed. Specificity helps; instead of saying “my boss was mean to me,” explain exactly what was said, when, and who was present.
Expert Witnesses
In some cases, expert witnesses can analyze patterns of discrimination or evaluate whether your employer’s policies complied with the law. Experts are most common in complex cases involving statistical evidence of systemic discrimination or technical questions about industry standards.
Why Does Timing Matter in Wrongful Termination Cases?
The timing of your termination can be one of the most compelling pieces of evidence in your case. When your firing closely follows protected activity, like filing a complaint, requesting an accommodation, or taking FMLA leave, courts recognize this as potential evidence of retaliation or discrimination.
Temporal Proximity as Evidence
Under both federal and Florida law, temporal proximity means the closeness in time between your protected activity and your termination. If you reported sexual harassment on Monday and were fired on Friday, that timing alone can create an inference of retaliation.
The EEOC Miami District Office, located at 100 SE 2nd Street in Miami, regularly investigates cases where timing suggests illegal motivation. While temporal proximity does not guarantee you will win, it could shift the burden to your employer to prove they had a legitimate, non-discriminatory reason for the firing.
Courts generally consider terminations within days or weeks of protected activity as “temporally proximate.” The longer the gap, the weaker the inference, but other evidence can still support your claim.
Pattern of Treatment
How you were treated before and after engaging in protected activity can demonstrate discriminatory or retaliatory intent. If you received excellent performance reviews until you disclosed a disability and requested reasonable accommodation, then suddenly faced written warnings and eventual termination, that pattern supports a claim under the ADA for retaliation or failure to accommodate.
Similarly, if you complained to human resources about pregnancy discrimination and were reassigned to less desirable duties before being fired, that progression of adverse actions strengthens your case.
Key Takeaway: The timing between your protected activity and termination can be powerful evidence. Terminations occurring days or weeks after complaints, leave requests, or other protected acts suggest illegal retaliation or discrimination.
What Should I Do Immediately After Being Fired?
How you respond in the days and weeks after termination can significantly impact your ability to build a strong wrongful termination case. Taking the right steps early preserves evidence and protects your legal rights.
Document Everything
Write down everything you remember about the events leading to your termination as soon as possible. Include specific dates, times, names of people involved, and exact quotes if you remember them. Memory fades quickly, so creating a detailed written record immediately helps preserve crucial details.
Note any witnesses to key conversations or events. Gather their contact information, including personal email addresses and cell phone numbers, before you lose access to company directories. Witnesses may be willing to help now, but harder to locate later.
Request a Termination Letter
Ask your employer for a written explanation of your termination. A termination letter documenting the stated reason for your firing can become critical evidence, especially if it contradicts what you were told verbally or conflicts with company policies.
If your employer refuses to provide a letter, document that refusal. Send a polite email requesting written confirmation of the reason for termination, then save the response (or lack thereof).
Preserve Electronic Evidence
Before you lose access to your work email and computer systems, save relevant communications. Print out important emails and keep the physical copies secured. Screenshot text messages and documents that support your case.
Be careful not to take confidential company information or trade secrets, as this could create legal problems for you. Focus on communications and documents directly related to your employment, performance, and termination.
Avoid Signing Releases Without Legal Review
Many employers offer severance agreements that require you to sign a release waiving your right to sue. Do not sign anything without consulting an employment attorney first. These agreements often include language that prevents you from pursuing wrongful termination claims, and once signed, they are nearly impossible to challenge.
Even if the severance offer seems generous, signing away your rights may cost you far more than the amount offered. An attorney can review the terms and advise whether accepting the severance or pursuing a claim is in your best interest.
Key Takeaway: Document everything immediately, request written confirmation of your termination reason, preserve all electronic evidence, and never sign severance agreements without legal review. These steps protect your ability to pursue a wrongful termination claim.
Wrongful Termination Attorneys in Miami – BT Law Group, PLLC
Jason D. Berkowitz, Esq.
Jason D. Berkowitz, Esq., is a Miami employment attorney representing both employers and employees in complex employment disputes. His career includes more than a decade at a national labor and employment defense firm. This extensive management-side experience gives him unique insight into how employers defend wrongful termination claims and where those defenses can be challenged.
Mr. Berkowitz handles wrongful termination, discrimination, retaliation, harassment, and wage and hour cases in federal and state courts throughout South Florida. He has been recognized by Best Lawyers in America, named a “Rising Star” by Super Lawyers for multiple years, and selected to the Super Lawyers list representing the top 5% of attorneys in Florida. He served on a Florida Bar Grievance Committee for multiple years, including as Chair, demonstrating his commitment to legal ethics and professionalism.
Anisley Tarragona, Esq.
Anisley Tarragona, Esq., brings a comprehensive understanding of employment law from her years representing management at a national labor and employment firm. Born and raised in Cuba and fluent in Spanish, she provides culturally sensitive representation to Miami’s diverse workforce. Ms. Tarragona handles wrongful termination claims based on Title VII, the Florida Civil Rights Act, the ADA, FLSA, and FMLA, as well as employment contract disputes and non-compete enforcement.
Her experience extends beyond employment law to complex business litigation, including securities cases, giving her a strategic perspective on high-stakes disputes. Recognized on the Florida Super Lawyers list in 2023 and 2024 and honored as a “Rising Star,” Ms. Tarragona is active in the Cuban-American Bar Association and the Dade County Bar Association. Her bilingual capabilities ensure that Spanish-speaking clients receive clear communication throughout the legal process.
Where Do I File a Wrongful Termination Claim in Miami?
Before you can file a lawsuit, you typically must file an administrative complaint with a government agency. This requirement varies depending on the type of wrongful termination claim you have.
Equal Employment Opportunity Commission (EEOC)
For claims based on federal anti-discrimination laws, including Title VII, the ADA, the ADEA, and others, you must file a charge with the EEOC before filing a lawsuit. The EEOC Miami District Office handles complaints for workers throughout Miami-Dade County and South Florida.
In many cases, you have 180 days to file an EEOC charge, but that deadline is often extended to 300 days when a state or local agency enforces a law prohibiting discrimination on the same basis (and the EEOC explains slightly different rules can apply for age claims) – like in Florida. The EEOC investigates the charge, attempts conciliation if discrimination is found, and may issue a “right to sue” letter allowing you to proceed with a lawsuit.
Florida Commission on Human Relations (FCHR)
For claims under the Florida Civil Rights Act, you can file a complaint with the FCHR. The FCHR is located in Tallahassee but handles complaints from throughout Florida, including Miami. You have 365 days from the discriminatory act to file under Florida law.
The FCHR investigates the complaint and issues a determination. If the FCHR finds reasonable cause, you can either request an administrative hearing or file a civil lawsuit in court.
Miami-Dade County Commission on Human Rights
Miami-Dade County has its own anti-discrimination ordinance, which may provide additional protections beyond state and federal law. The Miami-Dade County Commission on Human Rights, located at the Stephen P. Clark Center in downtown Miami, investigates local discrimination complaints.
Filing with the Miami-Dade County Commission on Human Rights can provide an additional avenue for relief under the county ordinance. For employment cases, the Commission notes the complaint generally must be filed within 180 days of the incident (and the employer must meet coverage requirements under the ordinance).
| Filing Option | Location | Deadline | Covers |
|---|---|---|---|
| EEOC Miami District Office | 100 SE 2nd Street, Suite 1500, Miami | 300 days (federal claims) | Title VII, ADA, ADEA, federal laws |
| Florida Commission on Human Relations | 4075 Esplanade Way, Tallahassee | 365 days (FCRA claims) | Florida Civil Rights Act violations |
| Miami-Dade County Commission on Human Rights | Stephen P. Clark Center, 111 NW 1st Street, 21st Floor, Miami | 180 days (employment cases under county ordinance) | County ordinance violations (employment/housing/public accommodations, subject to ordinance limits) |
What Types of Wrongful Termination Claims Require Evidence?
Different types of wrongful termination claims require different kinds of evidence. Understanding what courts look for in each type of case helps you gather the right documentation.
Discrimination-Based Termination
If you were fired because of your race, color, religion, sex, national origin, age, disability, or other protected characteristic, you need evidence showing that characteristic motivated the termination.
Direct evidence is rare; most employers do not openly admit discriminatory motives. Instead, you may need circumstantial evidence showing:
- You belong to a protected class
- You were performing your job satisfactorily
- You suffered an adverse employment action (termination)
- Similarly situated employees outside your protected class were treated more favorably
For example, if you are over 40 and were replaced by a younger employee with less experience, that pattern supports an age discrimination claim. If you were the only woman in your department and were held to stricter standards than male colleagues, that disparity suggests sex discrimination.
Retaliation Claims
Retaliation claims require evidence that you engaged in protected activity and were fired or subjected to an adverse employment action because of it. Protected activities include:
- Complaining about discrimination or harassment
- Filing an EEOC or FCHR charge
- Participating in an investigation
- Requesting reasonable accommodation
- Taking FMLA leave
- Reporting illegal activity (whistleblowing)
- Complaining about misclassification under the Fair Labor Standards Act
To prove retaliation, you need to show:
- You engaged in protected activity
- Your employer, in particular the decisionmaker knew about the activity
- You suffered an adverse action (termination)
- A causal connection exists between the protected activity and the adverse action
Timing is often the strongest evidence of causation. If you filed a discrimination complaint with human resources on March 1 and were fired on March 15, that proximity suggests retaliation. Other evidence might include hostile behavior from supervisors after your complaint, exclusion from meetings, or sudden negative performance reviews.
Breach of Contract
If you have an employment contract, proving wrongful termination requires showing your employer violated the contract’s terms. Gather your written contract, any amendments, and documentation showing the employer failed to follow required procedures.
For example, if your contract requires “good cause” for termination and defines specific reasons, you need evidence showing the stated reason does not meet the contractual definition. If the contract requires progressive discipline before termination, document any instances where the employer skipped those steps.
Violation of Public Policy
Some wrongful termination claims arise when you are fired for reasons that violate public policy, even without a specific statute. For instance, being fired for refusing to commit an illegal act, serving on a jury, or filing a workers’ compensation claim may violate public policy.
These claims can be difficult to prove because public policy is not always clearly defined. You need evidence showing:
- You were fired for a reason related to public policy
- The policy is clearly established in law
- The termination violates the policy
Key Takeaway: Different wrongful termination claims require different evidence. Discrimination cases need proof of disparate treatment, retaliation claims depend on timing and causation, and contract cases require documentation of the employer’s breach.
How Do I Prove My Employer’s Reason Was False?
Most wrongful termination cases do not involve direct evidence of illegal intent. Instead, you must prove your employer’s stated reason for firing you was false, a pretext for discrimination or retaliation.
The McDonnell Douglas Framework
Courts use a burden-shifting framework established in McDonnell Douglas Corp. v. Green to analyze discrimination claims. First, you must establish a prima facie case by showing:
- You belong to a protected class
- You were qualified for your position
- You suffered an adverse employment action
- The circumstances suggest discrimination
- You were treated less favorably than someone similarly situated but outside of your protected class
Once you establish a prima facie case, the burden shifts to your employer to articulate a legitimate, non-discriminatory reason for the termination. Finally, you must prove that reason was pretextual, a cover for the real, illegal motivation.
Showing Pretext
Evidence of pretext includes:
- Inconsistencies in the employer’s explanation
- Changes in the stated reason over time
- Failure to follow company policies
- Timing suspicious in relation to the protected activity
For example, if your employer initially said you were fired for poor performance, then later claimed it was due to restructuring, those shifting explanations suggest the real reason was illegal.
Statistical Evidence
In some cases, statistical evidence showing patterns of discrimination can support individual claims. If your employer has a history of firing employees in a protected class at disproportionate rates, that pattern strengthens the inference that your termination was discriminatory.
Statistical evidence is most useful in class action or pattern-and-practice cases, but individual plaintiffs can sometimes use such data to show discriminatory intent.
Key Takeaway: Proving wrongful termination often requires showing your employer’s stated reason was false. Inconsistencies in explanations, timing, and comparative evidence of how others were treated can demonstrate pretext.
What Mistakes Should I Avoid After Termination?
Certain actions after your termination can hurt your wrongful termination case, even if you have strong evidence. Avoiding these common mistakes protects your claim.
Do Not Destroy Evidence
Never delete emails, text messages, or other communications, even if they seem unfavorable. Destroying evidence can lead to sanctions, adverse inferences at trial, and complete dismissal of your case.
Courts take evidence destruction very seriously. If your employer discovers you deleted relevant communications, they can argue you were hiding damaging information. Even if the deleted materials actually helped your case, the destruction itself can create legal problems.
Do Not Discuss Your Case Publicly
Avoid posting about your termination or case on social media. Employers routinely search social media for damaging statements. A single angry post can be used to undermine your credibility or suggest ulterior motives.
Similarly, be careful discussing your case with coworkers who still work for the employer. While you may trust them, they could be questioned or pressured by management. Keep detailed conversations limited to your attorney.
Do Not Miss Deadlines
Employment discrimination claims have strict deadlines. Missing the deadline to file an EEOC or FCHR charge can bar your claim entirely. Similarly, after receiving a right-to-sue letter, you must file a lawsuit within the time period identified in the notice or in the law..
Track all deadlines carefully and consult an attorney as soon as possible after termination. Waiting until the last minute leaves no room for error if complications arise.
Do Not Accept Settlement Without Legal Advice
If your employer offers a settlement or severance package, do not accept without consulting an attorney. These offers often require you to release all claims, which may be worth far more than the settlement amount.
An attorney can evaluate whether the offer is fair, negotiate better terms, or advise you that pursuing a claim would likely result in greater compensation.
Get Help from a Miami Wrongful Termination Attorney Today
Building a wrongful termination case requires more than just knowing you were treated unfairly. You need concrete evidence, proper documentation, and an understanding of how courts evaluate these claims. Missing key evidence or failing to preserve critical documents can undermine even the strongest case.
Jason D. Berkowitz and Anisley Tarragona have represented employees throughout Miami-Dade County and South Florida for years. At BT Law Group, PLLC, our wrongful termination lawyers can investigate and help collect relevant evidence, build compelling cases, and hold employers accountable under federal and state law. We handle filings with the EEOC Miami District Office and the Florida Commission on Human Relations, and we pursue litigation when necessary to protect your rights.
Call BT Law Group, PLLC at (305) 507-8506 for a consultation. Our offices in Miami and West Palm Beach serve workers across Miami-Dade County, Broward County, Palm Beach County, and South Florida. We will review your situation, identify the evidence you need, and fight for the justice you deserve.
