Wrongful Termination Lawyer, Miami
Wrongful Termination Attorney, Miami
Experiencing a dismissal or layoff from your job without notice may lead you to wonder whether your dismissal was legal. Being fired or laid off without warning often results in financial difficulties and emotional problems.
Florida is an “at-will” employment state. This means that employers can dismiss or fire workers without explaining why or giving any notice unless there is a written contract in place that guarantees employment for a certain length of time, that identifies specific reasons why employment can be ended, or that sets forth the steps that must be taken before firing someone. This “at-will” status could make it difficult to win a wrongful termination case, no matter how unexpected, unfair, or unfounded the dismissal may seem. However, this doesn’t mean that employees are without legal protections.
Many Florida state and federal laws ensure that workers are safeguarded against wrongful termination. Call the FairLaw Firm if you live in the Miami area and believe you were wrongfully terminated. Our experienced wrongful termination attorneys can help you make a legal claim against your former employer.
Termination of Employment: How to Tell Right From Wrong
As part of the termination of employment in the United States, certain practices are customarily followed, including giving an employee some advance notice (usually two weeks) before terminating the employee’s employment. Florida’s “at-will” employment status allows employers to determine whether to hire or fire employees, with or without cause, as they see fit so long as the reason for the dismissal is not an illegal one. Unfortunately, unless a contract or agreement provides otherwise, employers generally are not required to provide advance notice before terminating someone’s employment.
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.
Preparing for Your Wrongful Termination Case
Depending on the circumstances of the case and the reason for the dismissal, a wrongful termination case may be resolved by the EEOC, the Florida Commission on Human Relations, or in court.
No matter where your case is heard, you will need to demonstrate that your claim is supported by evidence for you to succeed. Some of the elements that you may need to establish before the court or administrative tribunal include the following:
That the employer took adverse employment action against you by firing you
The termination was directly related to discrimination, retaliation, and whistle-blowing or was in breach of the employment contract
That the employer’s stated reason(s) for terminating your employment was not credible
That you suffered damage or harm as a result of the wrongful termination
It would be difficult and time-consuming, if not impossible, for most people without legal training to establish all of these factors, so hiring one of the experienced wrongful termination attorneys at FairLaw Firm to represent you is essential. By providing us with details about your case, our attorneys will be able to gather evidence that may be beneficial to you.
It will not be an easy task for you to start a legal fight against your former employer, who will have employer representation lawyers working for them.
Retain a lawyer to assist you in your legal action against your former employer for wrongful dismissal. Your attorney from FairLaw Firm will represent you throughout your wrongful termination case. They will help you file a complaint with the EEOC or with the Florida Commission on Human Relations, negotiate with your former employer, and, if necessary, file a lawsuit in court.
FairLaw Firm: Your Miami Wrongful Termination Legal Partners
FairLaw Firm can help you if you believe you have been wrongfully terminated and wish to take legal action or have further questions about your wrongful termination case in Miami.
At FairLaw Firm, we believe everyone is entitled to passionate legal representation, which is what we offer. We routinely handle complex Florida wrongful termination cases at the administrative level, across state and federal courts in the Miami area, and throughout Florida. We have the skill and knowledge to prevail in these cases.
We will assist you in navigating any case to its logical conclusion, regardless of the size of the employer.
Contact us today to have your wrongful termination claim evaluated by our capable employment lawyers. You’d be glad you did.