Wrongful Termination Lawyer, Miami

Most employers use this power sensibly and within the limits of the law, as in the following instances: 

• Firing an employee due to underperformance or misconduct;

• Initiating layoffs or letting employees go due to a lack of funding or decrease in business, requiring a reduction in the number or types of employees needed

• Terminating an employment contract by mutual agreement, such as when the contract has reached its due date.

In any of these circumstances, you may be unable to establish a wrongful termination case, no matter how aggrieved you might feel since the employer has not broken any laws and has a legitimate business reason for its decision.

State and Federal Protections for Employees

Although most employers generally follow the law, some employers do not. Under several state and federal laws, there are exceptions to the “at will” firing and hiring authority of employers in Florida. These exceptions include the following: 

• Employment Discrimination: Federal statutes like the Civil Rights Act and Americans with Disabilities Act prohibit discrimination in the workplace. Consequently, it would be illegal for an employer to fire an employee based on age, sex, race, religion, disability, sexual orientation, and gender identification. Pregnant women and disabled persons are also protected under these laws.

• Breach of Contract: Employment contracts contain the terms of employment between the parties. Employment contracts often specify the reasons why the parties can terminate the employer and employee relationship and when that can occur. If you were employed through an employment agreement and you were fired in a manner contrary to its provisions, then the termination would be wrongful, as it would be a breach of that agreement. You may be able to sue for breach of contract and claim damages in court.

• Retaliation: Some employers could be petty and dismiss employees in retaliation for asking hard questions about not receiving at least the minimum wage or overtime wages, or trying to make a claim for work-related injuries. Such dismissals are wrongful, and you may be able to take legal action against your former employer in these instances.

• Whistle-blowing: Many law-abiding employees work for employers who do not share the same sense of integrity. In these situations, an employee may object to or refuse to participate in illegal conduct by an employer. Other employees may have either cooperated with an investigation by an administrative agency (or a law enforcement agency) or given testimony that did not help their employer. In these situations, Florida or federal laws could protect employees who act as whistleblowers.

Additionally, state and federal laws also prohibit companies from firing workers based on the following:

• Asking or complaining about not receiving at least a minimum wage

• Asking or complaining about not receiving overtime wages

• Refusing to participate in conduct by an employer that violates a law, rule, or regulation

• Attempting or making a claim following a work accident

In some cases, the employer may choose not to fire an employee outright. They may instead create a toxic work environment that forces the employee to resign. This is known as constructive discharge when the employee resigns not voluntarily but as a result of hostile actions by the employer. Although the employee was technically not terminated, constructive discharge or dismissal can also be used to establish a wrongful termination claim.