Miami Employment Law Attorneys Jason D. Berkowitz and Anisley Tarragona Clarify When Employers Can Legally Fire At-Will Employees in Florida

MIAMI, FL - Florida's at-will employment doctrine allows employers to terminate employees without providing a reason, but federal and state laws establish critical exceptions that protect workers from illegal termination. Miami employment law attorneys Jason D. Berkowitz and Anisley Tarragona of BT Law Group, PLLC (https://btattorneys.com/can-my-boss-fire-me-for-no-reason/) are clarifying when at-will terminations cross the line into wrongful termination under discrimination and retaliation laws.

According to Miami employment law attorneys Jason D. Berkowitz and Anisley Tarragona, at-will employment means employers can fire workers at any time without stating a reason, and employees can quit at any time without legal penalty. However, even without stating a reason, employers cannot terminate workers for illegal purposes such as discrimination based on protected characteristics or retaliation for engaging in protected activities.

Miami employment law attorneys 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 and federal law. Both attorneys previously worked as management-side lawyers, giving them insight into how employers approach termination decisions and evaluate legal risk.

"Many Florida workers are surprised to learn that at-will employment doesn't mean employers can fire them for any reason," Berkowitz explains. "Federal and state laws prohibit termination based on race, gender, age, disability, religion, and other protected characteristics, even when employers don't provide a stated reason for the firing."

Federal law protects workers from termination based on religion, gender, including pregnancy, orientation, and gender identity, national origin, age for workers 40 and older, disability, genetic information, race, and color. These protections come from statutes including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act.

Florida's Civil Rights Act offers similar protections and includes marital status as a protected category. The FCRA applies to employers with 15 or more employees. In Miami-Dade County, the local Human Rights Ordinance provides additional protections, and employment discrimination complaints must generally be filed within 180 days with employers having five or more employees.

Legitimate reasons for termination under at-will employment include poor performance, workplace misconduct such as harassment or policy violations, business needs including layoffs and restructuring, and loss of required qualifications such as expired licenses or certifications. These reasons are lawful provided they do not mask discrimination or retaliation.

"Documentation is critical for proving wrongful termination," Tarragona notes. "Workers should keep copies of pay stubs, performance reviews, schedules, and messages, and document dates, times, witnesses, and statements during important conversations about termination."

Retaliation claims arise when employers terminate workers for exercising protected rights. The Family and Medical Leave Act protects eligible employees from termination for taking medical leave. Florida law protects employees from being fired for jury service or for how they vote. Workers who report discrimination, request reasonable accommodations, file workers' compensation claims, or raise safety concerns may also be protected from retaliatory termination.

Evidence that employers' stated reasons for termination are false or pretextual strengthens wrongful termination claims. Patterns such as terminating older workers while retaining younger workers with worse performance, or firing employees shortly after they report harassment, can suggest discrimination or retaliation. Timing is particularly important in retaliation cases, as termination occurring days after a complaint creates an inference of unlawful motivation.

Wrongful termination damages include back pay covering wages lost from termination through case resolution, front pay compensating for future lost earnings when comparable employment is not obtained, emotional distress damages for mental suffering such as anxiety and depression, and potentially punitive damages for especially serious employer wrongdoing. Many federal and Florida employment laws allow prevailing employees to recover attorney fees and costs.

Strict deadlines govern wrongful termination claims. For most federal discrimination claims, workers have 180 days to file a charge with the Equal Employment Opportunity Commission, though this often extends to 300 days in Florida because the Florida Commission on Human Relations also handles discrimination claims. Florida Civil Rights Act claims must be filed with the FCHR within 365 days. Missing these administrative filing deadlines can prevent workers from pursuing their claims in court.

Berkowitz advises terminated employees to obtain written documentation of the termination reason, file for unemployment benefits after consulting with legal counsel, save personal copies of employment-related documents while avoiding confidential files or trade secrets, and talk to an employment lawyer soon after termination to protect their rights and meet filing deadlines.

BT Law Group represents Miami workers in employment disputes throughout South Florida and across Florida. The firm handles cases involving discrimination, retaliation, wrongful termination, wage violations, and failure to accommodate under Title VII, the Florida Civil Rights Act, the ADA, FMLA, FLSA, and the Florida Whistleblower Act.

About BT Law Group, PLLC:

BT Law Group, PLLC is a Miami-based law firm focused on employment law and protecting workers' rights. Led by attorneys Jason D. Berkowitz and Anisley Tarragona, the firm represents employees throughout Miami, South Florida, and across Florida. For consultations, call (305) 507-8506.

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