Most wrongful terminations in Miami fall into a few clear categories: discrimination based on a protected characteristic, retaliation for reporting misconduct, breach of an employment contract, or firing you for exercising a legal right such as taking medical leave or serving jury duty. If you were fired based on one of these illegal reasons, you may have a valid wrongful termination claim.
Miami wrongful termination attorneys Jason D. Berkowitz and Anisley Tarragona evaluate specific grounds for discharge under federal and Florida law. Our attorneys can review performance records, internal communications, and firing timelines to determine whether an employer’s stated reason for dismissal was legitimate or a pretext for unlawful retaliation.
This guide explains what makes a firing illegal and how discrimination, whistleblowing, contract breaches, unlawful orders, and medical leave can each support a claim, along with the evidence you need to support your wrongful termination claim. Get a direct legal evaluation of your case and available options. Call BT Law Group, PLLC today at (305) 507-8506 to schedule your consultation.
What Counts as Wrongful Termination Under Florida Law?
Florida is an at-will employment state, which means your employer can fire you without a reason and without advance notice. The exception is that they cannot fire you for a reason the law specifically forbids. When a termination crosses one of those legal lines, it may qualify as a wrongful one.
Florida employees receive workplace protections under state laws, including Florida Statutes Chapter 448 and the Florida Civil Rights Act at Fla. Stat. § 760.10. Federal employment laws provide additional protections when they apply to the same workplace issue.
Can You Be Fired for Discrimination in Florida?
Your employer cannot fire you because of a protected characteristic. Federal law and the Florida Civil Rights Act at Fla. Stat. § 760.10 make it illegal to terminate someone based on a trait the law protects.
Protected characteristics include:
- Race or color
- Religion
- Sex, including pregnancy and sexual orientation
- National origin
- Age, if you are 40 or older
- Disability, whether actual or perceived
- Genetic information
These protections come from statutes such as Title VII of the Civil Rights Act, 42 U.S.C. § 2000e-2, the Age Discrimination in Employment Act, 29 U.S.C. § 623, and the Americans with Disabilities Act, 42 U.S.C. § 12112. In most discrimination cases, you must first file an administrative charge before taking your employer to court. You have 300 days from the date of termination to file with the Equal Employment Opportunity Commission (EEOC) under federal law, or 365 days to file with the Florida Commission on Human Relations (FCHR) under Fla. Stat. § 760.11(1). Missing these strict deadlines permanently forfeits your right to sue, so acting quickly is critical.
Key Takeaway: Firing an employee because of race, sex, pregnancy, age (40+), disability, religion, national origin, or genetic information is illegal under federal law and the Florida Civil Rights Act. Before filing a lawsuit, you must file an administrative charge within 300 days with the EEOC or 365 days with the FCHR.
Is It Illegal to Fire An Employee for Whistleblowing or Reporting Misconduct?
Yes. Retaliation is one of the most common reasons behind a wrongful termination claim. Your employer cannot fire you for reporting illegal conduct, refusing to take part in unlawful activity, or exercising a protected right.
Protected activities often include:
- Reporting hazardous working conditions
- Refusing to perform work that violates the law
- Reporting fraud, wage theft, or discrimination
- Filing a workers’ compensation claim
- Cooperating with a government investigation
Florida workers are protected by the Florida Private Whistleblower Act, Fla. Stat. § 448.102, which shields employees who report legal or regulatory violations. Under Fla. Stat. § 448.102(1), if you disclose a violation to a government agency, you must first provide written notice to your employer to give them a reasonable opportunity to fix the issue. Federal protections come from laws such as the Occupational Safety and Health Act and the anti-retaliation provisions of the Fair Labor Standards Act, 29 U.S.C. § 215(a)(3). Depending on what you reported, you may also need to notify a specific federal agency.
| If you reported | Agency to notify | What it covers |
|---|---|---|
| Unsafe work practices | Occupational Safety and Health Administration (OSHA) | Workplace safety hazards |
| Vehicle safety problems | National Highway Traffic Safety Administration (NHTSA) | Motor vehicle safety defects |
| Mail, wire, bank, or securities fraud | Securities and Exchange Commission (SEC) | Financial and securities fraud |
| Tax violations | Internal Revenue Service (IRS) | Federal tax law violations |
| Mine safety hazards | Mine Safety and Health Administration (MSHA) | Mining safety conditions |
| Union or collective action | National Labor Relations Board (NLRB) | Collective bargaining rights |
Key Takeaway: You cannot be fired for reporting fraud, safety violations, or discrimination, or for refusing to break the law. The Florida Private Whistleblower Act and federal agencies like OSHA and the SEC protect these activities, but each has its own reporting process.
Does Firing You Breach an Employment Contract?
While most employment in Miami is at-will, firing an employee in violation of a valid written contract qualifies as a breach of contract. A written contract promises a set term of employment or requires good cause before termination. Firing you in a way that violates those terms can be grounds for a wrongful termination claim.
In Florida, employee handbooks, offer letters, or unilateral company policies rarely create enforceable implied contracts. To support your claim, there must be an express written agreement signed by both parties that restricts termination or defines employment duration.
Collective bargaining agreements offer similar protection for union employees. When a firing breaks the terms of a union contract, the agreement sets out a grievance process to challenge it. Reviewing the exact language of any agreement is the first step in deciding whether a breach occurred.
Can You Be Fired for Refusing an Illegal Order?
Your employer cannot fire you for refusing to break the law if your refusal is protected by a specific law, such as the Florida Private Whistleblower Act under Fla. Stat. § 448.102. If you were let go for saying no to an illegal instruction, you can seek a claim.
Specific Florida and federal statutes also protect workers who perform civic duties or exercise legal rights, including:
- Serving on jury duty
- Reporting for military service
- Filing a workers’ compensation claim
- Refusing to falsify records or commit fraud
Because these protections come from a mix of federal and Florida law, the strength of a claim depends on the facts of your case. Documenting the instruction you refused and the timing of your firing helps establish the connection.
Miami Wrongful Termination Attorneys, BT Law Group, PLLC
Jason D. Berkowitz, Esq.
Jason D. Berkowitz 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 was previously a partner in the Miami office of a national labor and employment law firm, where he represented employers in workplace disputes across federal and state courts, arbitration tribunals, and administrative agencies.
His practice covers employment matters involving claims of wrongful termination, discrimination, and retaliation. Attorney Berkowitz handles cases involving key federal and Florida statutes, including Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the Florida Civil Rights Act, and the Florida Private Whistleblower Act. He also handles contract disputes and administrative filings before the Equal Employment Opportunity Commission (EEOC) and the Florida Commission on Human Relations (FCHR).
Anisley Tarragona, Esq.
Anisley Tarragona received 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. Attorney Tarragona practiced labor and employment litigation at a national law firm in Miami, representing corporate management in employment-related legal claims.
Attorney Tarragona handles labor and employment matters throughout Florida and provides legal services in both English and Spanish. Her practice focuses on employment litigation involving allegations of discrimination under the Florida Civil Rights Act, unlawful termination, FMLA leave retaliation, breach of contract, and whistleblower claims under state and federal law. She represents clients in state and federal courts as well as in administrative proceedings before agencies such as the EEOC and FCHR.
Can You Be Fired for Taking FMLA or Medical Leave?
No, an eligible employee cannot be fired for using a protected medical leave. The Family and Medical Leave Act, 29 U.S.C. § 2612, gives eligible workers up to 12 weeks of unpaid leave for qualifying family and medical reasons while keeping their job. Firing someone for taking that leave can amount to unlawful retaliation.
To qualify for FMLA protection, you must:
- Have worked for your employer for at least 12 months
- Have logged at least 1,250 hours in the previous year
- Work at a location with 50 or more employees within 75 miles
A termination that comes shortly after you request leave, while you are out, or right after you return can point to retaliation. Keeping a record of your leave request, approval, and return date helps show whether the firing was connected to your protected leave.
Key Takeaway: Eligible employees can take up to 12 weeks of unpaid FMLA leave without losing their jobs. Getting fired during or soon after approved leave is a red flag that could indicate unlawful retaliation.
What Evidence Do You Need in a Miami Wrongful Termination Case?
Strong documentation can make a major difference in a wrongful termination claim. In many cases, the key issue is not only that you were fired, but why you were fired. The goal is to show that the real reason for your termination was illegal, rather than the explanation your employer gave.
For Miami employees, gathering proof early is important because access to work accounts, emails, documents, and internal systems may be cut off soon after termination. Keeping organized records can help connect your firing to protected activity, such as reporting misconduct, requesting medical leave, complaining about discrimination, or raising concerns about unpaid wages.
Helpful evidence can include:
- Performance reviews and evaluations showing a solid work record
- Emails, texts, and messages related to your firing or protected activity
- Your personnel file, pay records, and any written warnings
- Witness statements from coworkers who saw what happened
- A timeline showing when the protected activity happened and when you were fired
If you were fired soon after you reported misconduct, requested leave, or filed a complaint, the timing can support a claim that your employer acted in retaliation. Save copies of anything relevant as early as possible, especially before your access to work systems is removed.
Key Takeaway: Collect performance reviews, emails, your personnel file, witness statements, and a clear timeline before contacting a lawyer. Evidence showing your firing came right after a protected activity is often the strongest support for a claim.
What Should You Do After a Wrongful Termination in Florida?
Taking organized steps soon after a firing protects both your evidence and your legal deadlines. Many claims depend on filing with the right agency within a limited window, so delays can cost you the ability to seek compensation. The following steps help Miami workers respond effectively.
- Document the incident: Write down what happened, including dates, names, and the reason you were given.
- Preserve workplace evidence: Save copies of emails, texts, reviews, and pay records before you lose account access.
- Request your personnel file: Request a copy of your official employee file if you are able to do so.
- File an administrative charge: Submit a complaint to the EEOC or the FCHR if discrimination or retaliation is involved.
- Notify regulatory agencies: Report to the proper agency, such as OSHA or the SEC, if your firing followed a specific report.
- Consult an employment attorney: Speak with a legal professional before any filing deadline passes.
An attorney can review whether your situation fits one of the categories for wrongful termination and identify which deadlines apply. Getting advice early keeps your options open and helps you avoid missing a critical filing date.
Working with a Miami Wrongful Termination Attorney
Whether a firing violates state or federal law depends on the specific facts of the case. If the reason feels connected to discrimination, a report you made, a contract, or leave you took, a legal review can help clarify your options.
Attorneys Jason D. Berkowitz and Anisley Tarragona represent employees in Miami and throughout Florida in wrongful termination matters. We can review the facts of your termination, identify any statutory exceptions that may apply, determine which agency deadlines must be met, evaluate the employer’s defenses, gather the evidence needed to support your claim, and make sure all procedural requirements are satisfied before legal action is taken.
Call BT Law Group, PLLC at (305) 507-8506 or visit us at 3050 Biscayne Blvd STE 205, Miami, FL 33137. Our team serves employees throughout Miami and the surrounding areas.
Frequently Asked Questions about the Common Reasons for Florida Wrongful Termination
Is Florida an at-will employment state?
Yes. Florida employers can fire workers with or without a reason and without notice. The limit is that they cannot fire you for an illegal reason, such as discrimination, retaliation, or a breach of contract.
How long do I have to file a wrongful termination claim in Florida?
Deadlines depend on the specific claim type. Discrimination charges must be filed within 300 days with the EEOC or 365 days with the FCHR under Fla. Stat. § 760.11(1). Meanwhile, claims under the Florida Private Whistleblower Act generally have a 2-year statute of limitations under Fla. Stat. § 448.103(1)(a).
Do I have to file with the EEOC before suing for discrimination?
In most discrimination cases, yes. You must file a charge with the EEOC or the Florida Commission on Human Relations before you can bring a lawsuit against your employer.
Can I be fired while on FMLA leave?
An eligible employee cannot be fired for taking protected FMLA leave. A termination during or shortly after approved leave can be a sign of unlawful retaliation and can support a wrongful termination claim.
What if my employer gave a false reason for firing me?
A false or shifting explanation can help your case. If the stated reason does not match your work record or the timing of your firing, that gap can suggest the real motive was illegal.
What evidence helps prove a wrongful termination claim?
Performance reviews, emails and texts, your personnel file, pay records, witness statements, and a timeline linking your firing to a protected activity all help. Gather all these documents before you lose access to work accounts.
Does reporting my employer protect me from being fired?
Reporting illegal conduct, safety violations, or fraud is a protected activity under laws such as the Florida Private Whistleblower Act. Firing you in response to that report can amount to unlawful retaliation.
