Yes, your boss can fire you for no reason in Florida. Florida is an at-will state, meaning employers can terminate employment at any time without giving a reason. However, your employer cannot fire you for illegal reasons such as discrimination or retaliation. Your employer also cannot threaten you with termination when you perform civic duties such as voting or jury duty. Written employment contracts or union agreements may provide additional protections.
At BT Law Group, PLLC, wrongful termination lawyers in Miami, Jason D. Berkowitz and Anisley Tarragona, bring more than 17 years of combined employment law experience representing employees whose rights have been violated under state or federal law. We can help protect your rights, whether you were fired for reporting harassment, requesting medical leave, asserting wage rights or speaking up about discrimination. We proudly serve workers throughout Miami, South Florida, and across Florida.
Don’t wait to protect your rights. Call (305) 507-8506 to schedule a confidential consultation with BT Law Group, PLLC’s experienced employment law attorneys today.
What Is At-Will Employment in Florida?
At-will employment means your employer can fire you at any time without giving a reason. However, even without stating a reason, your employer cannot fire you for an illegal purpose like discrimination or retaliation. You can also quit at any time, although giving notice may be helpful in some circumstances.
Many Florida workers are at-will employees. This applies unless you have a written contract specifying termination procedures. Union members with collective bargaining agreements may also have protections beyond at-will rules.
The system gives flexibility to both sides. Employers adjust their workforce as needed. Workers can leave jobs that don’t fit without a legal penalty, but quitting can still affect things like unemployment eligibility, benefits, and references.
When Can Your Employer Legally Fire You?
Florida employers can terminate you for many legitimate reasons. Poor performance is one common reason for firing. An at-will employer may not have to give you a warning, document issues, or offer a chance to improve unless a contract, union agreement, or company policy requires it.
Workplace misconduct also justifies termination. This includes harassment, insubordination, theft, dishonesty, or policy violations. In addition, serious offenses may result in immediate firing without warning.
Business needs allow terminations, too. Companies facing financial trouble can lay off workers. Operational changes, restructuring, or downsizing are all lawful reasons, even when you did nothing wrong.
Loss of required qualifications can end your job too. If your license or certification expires, your employer may terminate you. This applies when the credential is essential for your position.
Key Takeaway: Employers can fire at-will workers for performance problems, misconduct, business needs, or lost qualifications, among other reasons. These reasons are lawful as long as they don’t mask discrimination or retaliation.
When Is Firing Considered Wrongful Termination?
Wrongful termination occurs when an employer fires someone for an illegal reason, such as discrimination or retaliation. Your termination may be illegal if it was based on a protected characteristic such as race, sex, age, disability, or religion. Federal, Florida, and local laws each provide different protections, explained in detail below.
Retaliation can also make a termination illegal. You generally cannot be fired for reporting discrimination, requesting a reasonable workplace accommodation, filing a workers’ compensation claim, or raising safety concerns. Florida’s private-sector whistleblower law may protect certain reports of illegal activity, though specific rules and deadlines apply.
Even in at-will employment, firing someone for using protected rights is illegal. The Family and Medical Leave Act (FMLA) protects eligible employees from termination for taking medical leave. Florida law also protects employees from being fired for jury service or for how they vote.
If you have an employment contract that outlines termination procedures, your employer must follow those terms. Failing to do so may give you a valid legal claim.
Workers at major Miami employers like Baptist Health South Florida, American Airlines, or the University of Miami can face wrongful termination despite their employer’s size. If you believe your termination violated employment law, experienced legal help is available.
What Protected Characteristics Prevent Termination?
Federal law protects workers from being fired based on religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40 and older), disability, genetic information, race, or color. These protections come from laws like Title VII of the Civil Rights Act of 1964 (which prohibits workplace discrimination based on race, color, religion, sex, and national origin), the Age Discrimination in Employment Act, and the Americans with Disabilities Act.
Florida’s Civil Rights Act (FCRA) offers similar protections and also includes marital status. The FCRA applies to employers with 15 or more employees.
In Miami-Dade County, the local Human Rights Ordinance provides additional protections. The Commission on Human Rights handles these cases. For employment discrimination complaints in Miami-Dade, you generally must file within 180 days, and the employer must have five or more employees.
Key Takeaway: Federal, state, and local laws protect Florida workers from discrimination. If you believe you were fired because of a protected characteristic, these laws may provide legal options.
How Do You Prove Wrongful Termination?
Strong documentation helps your case. Keep copies of pay stubs, schedules, performance reviews, and messages on your personal phone or email. If important information is only on company systems, talk to a lawyer before taking anything to avoid issues with confidential files.
Write down everything that happens. Record dates, times, witnesses, and what was said during important conversations. Document any complaints you made about discrimination or illegal activity.
Look for evidence that your employer’s reason was false. Were you fired shortly after reporting harassment? Did they keep younger workers with worse performance while letting you go? These patterns can suggest the stated reason wasn’t the real reason.
Timing matters. If you were fired days after requesting medical leave or filing a complaint, this may indicate retaliation. Courts consider suspicious timing as possible evidence of unlawful motivation.
Wrongful Termination Attorneys in Miami – BT Law Group, PLLC
Jason D. Berkowitz, Founding Partner
Jason D. Berkowitz brings a defense-informed perspective to wrongful termination claims, drawing on years as a management-side partner representing major employers. His experience helps him anticipate arguments, pressure points, and settlement dynamics in high-stakes employment disputes.
- Tries and litigates cases in federal/state courts, administrative agencies, and AAA arbitration
- Wrongful termination-related matters: discrimination, harassment, retaliation, wage-and-hour violations, misclassification, and failure to accommodate
- Additional disputes: restrictive covenants, trade secrets, breach of contract, and Florida common-law claims
- Frequently applies: Title VII, Florida Civil Rights Act, ADA, FMLA, FLSA, Florida Whistleblower Act
- Admissions: Florida; U.S. District Courts (S.D./M.D./N.D. Florida); 11th Circuit
Anisley Tarragona, Founding Partner
Anisley Tarragona is a Miami employment litigator who focuses on protecting workers’ rights and pursuing accountability when terminations are tied to unlawful conduct, using her prior management-side experience to level the playing field for employees.
- Represents employees in sexual harassment, unpaid wages, discrimination, retaliation, and wrongful termination claims
- Litigates in federal/state courts and before administrative agencies and arbitration tribunals
- Fluent in Spanish; supports Spanish-speaking clients with clear, culturally-aware communication
- Handles disputes involving: misclassification, failure to accommodate, restrictive covenants/trade secrets, breach of contract, and related Florida claims
- Regularly litigates under: Title VII, Florida Civil Rights Act, ADA, FMLA, FLSA, Florida Whistleblower Act
What Are the Deadlines for Filing a Wrongful Termination Claim?
You must act quickly after an unlawful termination. Equal Employment Opportunity Commission (EEOC) filing deadlines are strict.
For most federal discrimination claims, you have 180 days to file a charge with the EEOC. In Florida, this deadline often extends to 300 days because the Florida Commission on Human Relations (FCHR) also handles discrimination claims. However, the exact deadline depends on your type of claim and location.
You can file online through the EEOC’s portal with an attorney or in person at the EEOC Miami District Office (100 SE 2nd Street, Suite 1500, Miami, FL 33131). Missing this deadline can prevent you from taking your case to court.
Florida Civil Rights Act claims must be filed with the Florida Commission on Human Relations (FCHR) within 365 days. Many charges are “dual-filed” with both agencies automatically, but you need to confirm your filing is complete and timely.
Contract and wage claims have different deadlines. Florida allows five years for written contract claims and for some wage or overtime claims. Federal wage and overtime laws typically allow employees to recover unpaid wages going back two years from the date a lawsuit is filed and so prompt action is critical.
If you work for a large employer like Carnival Cruise Lines, Royal Caribbean Group, or Nicklaus Children’s Hospital, multiple companies may be involved in your employment. Identifying the correct employer before deadlines pass is important.
Key Takeaway: EEOC deadlines are typically 300 days in Florida. FCHR claims are usually 365 days. Missing these deadlines can limit or block your ability to pursue your claim.
What Damages Can You Recover for Wrongful Termination?
Back pay covers wages you lost from your termination date until the court’s decision if you have not found comparable employment in the meantime. This includes your salary, bonuses, commissions, and benefits you would have earned during that time.
Front pay compensates for future lost earnings when returning to your job isn’t realistic and you have not found comparable employment. The amount depends on how long it may take you to find similar work.
Emotional distress damages compensate for mental suffering caused by your illegal termination, such as anxiety, depression, or humiliation. You’ll need evidence like medical records or testimony from a mental health professional.
Punitive damages punish employers for especially serious wrongdoing. In Florida, these typically require proof of intentional misconduct or gross negligence. In federal discrimination cases, there are caps on combined compensatory and punitive damages based on the employer’s size.
Attorney’s fees and costs can often be recovered in employment cases. Many federal and Florida employment laws allow winning employees to recover these expenses, making it more feasible to pursue valid claims.
Key Takeaway: If you’ve been wrongfully terminated, you may recover back pay, front pay, emotional distress damages, and potentially punitive damages. Many employment cases also allow you to recover attorney fees and legal costs.
Should You Hire an Employment Lawyer?
Employment law involves many rules and deadlines that can be difficult to navigate on your own. Employers typically have their own attorneys who know these laws well. An employment lawyer can help level the playing field by understanding what evidence is needed to prove cases like discrimination or retaliation.
A lawyer can gather important documents, talk to witnesses, and build a strong case on your behalf. They also know the specific procedures and deadlines that must be followed; missing these deadlines can result in losing your right to file a claim.
Timing matters in employment cases. An employment lawyer can help ensure you file on time and explore all legal options available under federal, state, and local laws.
What Should You Do After Being Fired?
- Get written documentation. Ask your employer for a written reason for your termination. Request copies of your performance reviews and disciplinary records. Some employers will provide them, but Florida private-sector employees don’t always have a guaranteed right to their full personnel file unless a contract or policy says so.
- File for unemployment benefits after consulting with a lawyer. You may qualify for Reemployment Assistance while pursuing legal claims. Your employer might contest it, but you can appeal. It is important to discuss your application with an employment lawyer as you will generally have to disclose the reason for termination.
- Save evidence from your job. Keep personal copies of documents you already have, like offer letters, pay stubs, schedules, and text messages on your phone. Don’t take confidential client files, trade secrets, or restricted company documents. If you’re unsure what’s safe to keep, ask a lawyer first.
- Talk to an employment lawyer soon after termination. Early consultation protects your rights and helps you avoid mistakes. A lawyer can guide you on what to say to your former employer and government agencies, and make sure you meet important filing deadlines.
Key Takeaway: Document everything, file for unemployment, preserve your evidence, and consult an employment lawyer quickly. Taking action soon after termination helps protect your legal rights.
| Reason for termination | Legal in Florida | Notes |
|---|---|---|
| Poor job performance | Yes | Employers do not have to give warnings unless a contract or policy requires it |
| Workplace misconduct | Yes | Includes harassment, theft, insubordination, or policy violations |
| Layoffs or business restructuring | Yes | Termination is allowed even when the employee did nothing wrong |
| Loss of required license or certification | Yes | Applies when the credential is necessary for the job |
| Discrimination based on protected characteristics | No | Includes race, sex, age, disability, religion, and similar traits |
| Retaliation for protected activity | No | Includes reporting discrimination or requesting medical leave |
| Taking protected medical leave | No | Employers cannot fire eligible employees for using protected leave |
| Jury duty or voting | No | Florida law protects employees performing civic duties |
| Violating an employment contract | No | Employers must follow written contracts or union agreements |
Standing Up for Your Rights After Wrongful Termination in Miami
Wrongful termination can hurt your income and career. When employers break employment laws, you have the right to take legal action and seek compensation for lost wages and other damages.
BT Law Group, PLLC represents Miami workers in employment disputes. Our employment law attorneys fight for employees facing discrimination, retaliation, and wrongful termination. We handle cases throughout South Florida and across Florida.
Call BT Law Group at (305) 507-8506 for a comprehensive case consultation. We will review your case, explain your options, and work diligently to secure fair compensation.
