Miami Employment Attorney Jason D. Berkowitz Explains When At-Will Employees Can Sue for Wrongful Termination in Florida

MIAMI, FL - Florida's at-will employment doctrine gives employers broad discretion to terminate employees, but federal and state law prohibit firings based on illegal discrimination, retaliation, or violations of public policy. Miami employment attorney Jason D. Berkowitz of BT Law Group, PLLC (https://btattorneys.com/can-you-sue-wrongful-termination-florida/) explains the exceptions that allow at-will employees to pursue wrongful termination claims and recover compensation for unlawful firings.

According to Miami employment attorney Jason D. Berkowitz, federal law under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act, along with the Florida Civil Rights Act, prohibit employers from terminating employees based on protected characteristics including disability, gender, age, national origin, religion, pregnancy, marital status, race, and color. "Discrimination often takes subtle forms, with employers citing performance issues while the real motivation involves a protected characteristic," explains Berkowitz.

Miami employment attorney Jason D. Berkowitz notes that retaliation claims arise when employers terminate workers for engaging in protected activity, such as reporting illegal conduct, filing complaints about workplace violations, requesting reasonable accommodations under the ADA, or taking leave under the Family and Medical Leave Act. The Florida Whistleblower Act provides additional protections for private employees who report violations of law or refuse to participate in illegal activity, with remedies including reinstatement, back pay, and damages.

Attorney Berkowitz emphasizes that proving wrongful termination often requires demonstrating that the employer's stated reason for termination was pretextual. Evidence of pretext may include strong performance evaluations that contradict claims of poor performance, lack of prior warnings or disciplinary action, inconsistent application of company policies, proximity between protected activity and termination, and shifting explanations for the firing. "When an employer changes their reason from performance issues to restructuring, that inconsistency often signals fabrication," he adds.

The firm also handles wrongful termination claims based on breach of contract and violations of public policy. Written employment contracts specifying termination only for cause, employee handbooks creating implied contracts, and verbal promises about job security may all limit an employer's ability to terminate at will. Florida courts apply the public policy exception narrowly but recognize claims where employees are fired for refusing to commit illegal acts, serving on a jury, or filing workers' compensation claims.

Berkowitz advises that most wrongful termination claims involving discrimination or retaliation require filing an administrative charge before pursuing a lawsuit. Federal discrimination claims must be filed with the Equal Employment Opportunity Commission within 300 days, while Florida Civil Rights Act claims must be filed with the Florida Commission on Human Relations within 365 days. Whistleblower claims under the Florida Whistleblower Act do not require administrative filing but must be pursued within statutory time limits.

"Individuals who believe they have been wrongfully terminated should document everything, preserve communications related to their employment and termination, and consult an employment attorney before signing any severance agreements or releases," observes Berkowitz. Damages in wrongful termination cases may include back pay, front pay, emotional distress compensation, punitive damages, and attorneys' fees.

For those who believe their termination violated federal or Florida law, consulting an experienced employment attorney may help identify applicable claims and protect important filing deadlines.

About BT Law Group, PLLC:

BT Law Group, PLLC is a Miami-based employment law firm dedicated to representing employees in wrongful termination, discrimination, retaliation, and whistleblower cases. Led by attorneys Jason D. Berkowitz and Anisley Tarragona, the firm litigates cases in federal and state courts and before administrative agencies throughout South Florida. The office is located at 3050 Biscayne Blvd, Suite 205 in Miami. For consultations, call (305) 507-8506.

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Phone: (305) 507-8506
Address:3050 Biscayne Blvd STE 205
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