Wrongful termination based on discrimination occurs when a Miami employer fires an employee because of a characteristic protected by federal, Florida, or Miami-Dade law. However, an unfair firing alone does not establish discrimination. A discrimination claim depends on evidence linking the protected characteristic to the employer’s firing decision.
At BT Law Group, PLLC, Miami employment attorneys Jason D. Berkowitz and Anisley Tarragona represent workers who have been discriminated against in the workplace. Our attorneys investigate the evidence, organize timelines, evaluate the employer’s explanation, and identify which federal, Florida, or Miami-Dade protections may apply.
This guide explains what may qualify as discriminatory termination, which protected characteristics are covered in Miami, what evidence may connect a firing to discrimination, how at-will employment affects a claim, the filing deadlines that may apply, and the remedies available under different laws. Call BT Law Group, PLLC at (305) 507-8506 to speak with our Miami wrongful termination lawyers.
What Counts as Discriminatory Termination in Miami?
A termination may violate Title VII, Florida Statutes § 760.10, or another applicable law when an employer bases the firing decision on a protected characteristic. Performance concerns or a business need may be lawful, but evidence can show that the stated reason was not the real reason. The required proof, employer-size threshold, and filing rules depend on the law involved.
Employees in Miami are protected from discrimination by federal, state, and local laws. The Equal Employment Opportunity Commission (EEOC) enforces federal statutes, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Genetic Information Nondiscrimination Act (GINA).
The Florida Commission on Human Relations (FCHR) enforces the Florida Civil Rights Act (FCRA), while the Miami-Dade Human Rights Ordinance provides local protections. Coverage depends on the protected characteristic, employer size, workplace location, and law involved.
The table below compares the main protected characteristics and common employer-size thresholds under federal, Florida, and Miami-Dade law.
| Law | Protected Characteristics | Common Employer-Size Threshold |
|---|---|---|
| Title VII | Race, color, religion, sex, including pregnancy, sexual orientation, and transgender status, and national origin | 15 or more employees |
| ADA | Disability | 15 or more employees |
| GINA | Genetic information, including family medical history | 15 or more employees |
| Age Discrimination in Employment Act | Age 40 and older | 20 or more employees |
| Florida Civil Rights Act | Race, color, religion, sex, pregnancy, national origin, age, handicap, and marital status | 15 or more employees |
| Miami-Dade Human Rights Ordinance | Race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital status, familial status, sexual orientation, gender identity or expression, and actual or perceived status as a victim of domestic violence, dating violence, or stalking | 5 or more employees in Miami-Dade County |
Key Takeaway: A worker whose employer is too small for one discrimination law may still have protection under another.
Which Protected Classes Apply to Miami Employees?
Federal and state laws do not use identical age discrimination language. The federal ADEA protects workers who are 40 or older. Although the Florida Civil Rights Act does not state a minimum age in its text, Florida courts analyze FCRA age claims under federal ADEA standards.
Title VII treats discrimination based on sexual orientation or transgender status as sex discrimination. Miami-Dade law separately names sexual orientation, gender identity, and gender expression. The local ordinance also covers ancestry, familial status, and actual or perceived status as a victim of domestic violence, dating violence, or stalking.
What Evidence Shows an Employer’s Discriminatory Intent?
Proving discrimination requires evidence that connects the firing to a protected characteristic. Evidence may be direct or circumstantial.
- Direct evidence clearly connects the firing decision to a protected characteristic without requiring an additional inference. One example would be a person involved in the decision saying that the employee is being fired because of age or pregnancy. A remark unrelated to the firing decision may still be relevant, but it is not always direct evidence.
- Circumstantial evidence builds an inference of discrimination through surrounding facts. Relevant evidence can include the timing of the firing, changing or inconsistent explanations, departures from workplace policies, and different treatment of similar employees. A comparison is stronger when the employees had similar jobs, records, conduct, and working conditions. In an age discrimination claim, a substantially younger employee may be a relevant comparison even if that employee is also over 40.
In discrimination cases, pretext means the employer’s stated reason for a firing may not be the true one. Performance reviews, emails, personnel records, witness statements, and termination documents can be compared with that explanation to determine whether it matches the underlying facts.
A Miami employment attorney can review these records, identify missing information, and assess how the evidence may affect a discrimination claim.
Employment Discrimination Attorneys in Miami: BT Law Group, PLLC
Jason D. Berkowitz, Esq.
Jason D. Berkowitz is a founding partner of BT Law Group, PLLC, and a Miami labor and employment attorney. He represents employees facing discrimination, harassment, retaliation, wrongful termination, wage violations, accommodation denials, and employment contract disputes. Before co-founding the firm, Jason served in the Miami office of a national labor and employment law firm. His work representing major employers, including Fortune 100 companies, gave him insight into how organizations investigate allegations and defend workplace claims.
Jason earned his Juris Doctor, cum laude, from the University of Miami School of Law in 2008 and his Bachelor of Arts from Tufts University in 2003. He was selected for the Florida Rising Stars list for multiple years and named to Florida Super Lawyers from 2023 through 2026. His court admissions include all Florida state courts, the three federal district courts in Florida, and the U.S. Court of Appeals for the Eleventh Circuit.
Anisley Tarragona, Esq.
Anisley Tarragona is a founding partner of BT Law Group, PLLC, and a Miami employment attorney. She represents individuals facing discrimination, sexual harassment, retaliation, wrongful termination, unpaid wage disputes, misclassification, and reasonable accommodation issues. Anisley previously worked in the Miami office of a national labor and employment law firm representing employers, giving her practical insight into how companies review and respond to employee grievances.
Anisley earned her Juris Doctor from the University of Miami School of Law in 2007 and her Bachelor of Science in Business Administration from the University of Central Florida in 2004. She has been selected for inclusion in Florida Super Lawyers each year from 2023 through 2026. Her court admissions include all Florida state courts, the three federal district courts in Florida, and the U.S. Court of Appeals for the Eleventh Circuit. Born and raised in Cuba, Anisley is fluent in Spanish and can communicate directly with Spanish-speaking clients about their workplace concerns and legal options.
Does Florida’s At-Will Employment Rule Prevent a Claim?
Florida’s at-will employment rule does not prevent a discrimination claim. An employer may fire an employee for any lawful reason or without giving a reason, unless a contract or law limits that right.
At-will employment does not allow a firing based on a protected characteristic. Depending on the facts, a discriminatory firing may violate Title VII, the ADA, the ADEA, the Florida Civil Rights Act, or the Miami-Dade Human Rights Ordinance.
How Do You File a Discrimination Claim in Miami-Dade County?
Many discrimination claims require an administrative filing before a lawsuit can proceed. The agency and deadline depend on the law, employer size, and workplace location.
- EEOC: Many charges arising in Florida must be filed within 300 days of the discriminatory act.
- Florida Commission on Human Relations: An FCHR complaint must be filed within 365 days.
- Miami-Dade Commission on Human Rights: A covered complaint against a qualifying employer must be filed within 180 days. Miami-Dade County government employees use a separate county process with a 365-day filing period.
A complaint may qualify for dual filing with more than one agency. However, one filing does not preserve every possible claim or extend every deadline.
Before filing a Title VII, ADA, or GINA lawsuit, a nonfederal employee must receive a Notice of Right to Sue. Federal employees use a separate EEO process. A private-sector ADEA claimant does not need that notice and may file a lawsuit 60 days after submitting an EEOC charge. The lawsuit must be filed within 90 days after the claimant receives notice that the EEOC investigation has ended. Public-sector age claims may follow different procedures and deadlines.
For Florida Civil Rights Act (FCRA) claims governed by Florida Statutes § 760.11, the deadline for bringing a civil action depends on what occurs first. A lawsuit must be filed within one year after the FCHR issues a reasonable cause determination or the EEOC issues a Notice of Right to Sue. If neither occurs within 180 days after the complaint is filed, the lawsuit may be filed once the 180-day administrative window expires. A request for an administrative hearing must be submitted within 35 days after the FCHR issues a determination on reasonable cause.
BT Law Group, PLLC can assess which agency filing may apply, whether dual filing is available, and which administrative and court deadlines govern.
What Compensation Can You Recover After a Discriminatory Firing?
If a discrimination claim succeeds, monetary or nonmonetary relief may be available, depending on the law and facts involved.
- Back pay for lost wages and benefits from the date of termination
- Front pay for future lost earnings when returning to the job is not practical
- Reinstatement to the former position
- Compensatory damages for financial losses and emotional harm when the law allows them
- Punitive damages when the law allows them and the required legal standard is met
- Liquidated damages for a willful ADEA violation
Available remedies depend on the facts, the law involved, and the type of employer. Federal law caps certain combined compensatory and punitive damages under Title VII, the ADA, and GINA based on employer size, but punitive damages are not available against government employers.
ADEA remedies are different. The ADEA does not allow punitive damages or compensatory damages for emotional harm, but liquidated damages may be available for a willful violation when permitted by law. The Florida Civil Rights Act caps punitive damages at $100,000 and does not allow punitive damages against the state or its agencies and subdivisions.
Key Takeaway: The governing law, employer type, and facts of the case determine which remedies and damage limits apply.
Records showing lost pay, benefits, and efforts to find new work may be relevant when assessing available relief. BT Law Group, PLLC can help evaluate which remedies may be available under the applicable laws and explain how the type of employer may affect damage limits.
How Is Discrimination Different from Retaliation Under Florida Law?
Discrimination occurs when an employer takes an adverse action because of a protected characteristic, while retaliation involves an adverse action taken because a worker engaged in protected activity, such as reporting discrimination or participating in an investigation of a discrimination complaint.
The claims can overlap. If an employee reports discrimination and is later fired, the facts may support both claims. Title VII and the Florida Civil Rights Act prohibit retaliation against a worker who opposes unlawful discrimination or participates in a charge, investigation, proceeding, or hearing. Timing can support a retaliation claim, but the full sequence of events and the employer’s explanation also matter.
Legal Help for Discriminatory Wrongful Termination in Miami
A discriminatory firing can lead to lost income and benefits, along with uncertainty about what to do next. A termination notice may not explain how the decision was made, so the surrounding records and timeline may also matter.
Jason D. Berkowitz and Anisley Tarragona represent workers throughout Miami and surrounding Florida communities in discrimination and wrongful termination matters. Our Miami wrongful termination attorneys can review the circumstances, explain which filing options may apply, and help protect your legal interests.
Call BT Law Group, PLLC at (305) 507-8506 to schedule a case review. Our office is located at 3050 Biscayne Blvd STE 205, Miami, FL 33137, serving employees across Miami-Dade County.
Frequently Asked Questions
Is being fired unfairly the same as wrongful termination in Miami?
Not necessarily. A firing may be unlawful when it violates a statute or an enforceable employment contract. Termination based on race, age, sex, disability, or another protected characteristic can violate discrimination law.
How long do I have to file a discrimination claim in Miami?
Deadlines depend on the law, filing agency, and type of employer. Many EEOC charges arising in Florida must be filed within 300 days, an FCHR complaint must be filed within 365 days, and a covered complaint with the Miami-Dade Commission on Human Rights must be filed within 180 days. Miami-Dade County government employees use a separate county process with a 365-day deadline. Separate deadlines apply to a later lawsuit.
Can I be fired for any reason in an at-will state like Florida?
Not for every reason. At-will employment permits termination without cause, but it does not permit an employer to base the decision on race, age, sex, disability, or another protected characteristic.
Do I need direct proof that my employer discriminated against me?
Not necessarily. A claim can rely on circumstantial evidence, such as the timing of the firing, inconsistent explanations, departures from workplace policies, and how the employer treated similar employees.
Does Miami protect sexual orientation and gender identity?
Yes. Federal protections against sex discrimination cover sexual orientation and transgender status, and the Miami-Dade Human Rights Ordinance expressly includes sexual orientation, gender identity, and gender expression.
What compensation can I recover for a discriminatory firing?
Available remedies may include back pay, front pay, reinstatement, compensatory damages, punitive damages, or liquidated damages. The law involved determines which remedies and limits apply. ADEA age claims follow different damage rules from Title VII and ADA claims.
Do I have to file with an agency before suing my employer?
Many discrimination claims must first go through an administrative process. Before bringing a Title VII, ADA, or GINA case to court, a nonfederal employee must receive a Notice of Right to Sue. Federal workers use a separate EEO process. A private-sector ADEA claimant must file an EEOC charge but does not need that notice, while public-sector age claims can follow different procedures. Florida Civil Rights Act claims have separate state requirements and deadlines.
