Miami Wrongful Termination Attorney Jason D. Berkowitz Explains Common Reasons for Wrongful Termination in Florida

MIAMI, FL - September 14, 2026 - Employees in Miami who have lost their jobs often wonder whether their termination crossed a legal line, particularly when the firing appears connected to discrimination, a complaint they raised, or a leave they took. Miami wrongful termination attorney Jason D. Berkowitz of BT Law Group, PLLC (https://btattorneys.com/blog/common-reasons-for-wrongful-termination/) has published guidance outlining the most common grounds for wrongful termination claims under both Florida and federal law, along with the evidence workers need to support a case.

Florida is an at-will employment state, which means an employer may generally discharge a worker without a reason and without advance notice. According to Miami wrongful termination attorney Jason D. Berkowitz, the important exception is that a termination becomes unlawful when the reason falls into a category the law specifically forbids. "Many people assume that being fired without a reason is the same as being fired for an illegal reason, but those are two very different things," Berkowitz explains.

Miami wrongful termination attorney Jason D. Berkowitz notes that most wrongful terminations fall into a handful of clear categories: discrimination based on a protected characteristic, retaliation for reporting misconduct, breach of a valid employment contract, or firing an employee for exercising a legal right such as taking medical leave or serving jury duty. The firm reviews performance records, internal communications, and firing timelines to determine whether an employer's stated reason was legitimate or a pretext for unlawful conduct.

Discrimination claims are among the most common. Under the Florida Civil Rights Act at Fla. Stat. 760.10, and federal statutes such as Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act, it is illegal to terminate an employee because of race, color, religion, gender, pregnancy, national origin, age (40 or older), disability, or genetic information. Berkowitz points out that most discrimination cases require an administrative charge before a lawsuit can proceed, with a 300-day deadline to file with the Equal Employment Opportunity Commission or 365 days to file with the Florida Commission on Human Relations under Fla. Stat. 760.11(1). Missing these deadlines can permanently forfeit the right to sue.

Retaliation is another frequent basis for a claim. The Florida Private Whistleblower Act, Fla. Stat. 448.102, protects employees who report legal or regulatory violations, refuse to perform unlawful work, or exercise a protected right such as filing a workers' compensation claim. "An employer cannot lawfully fire someone for reporting fraud, unsafe conditions, or discrimination, or for refusing to break the law," Berkowitz emphasizes. He notes that when a disclosure is made to a government agency, the statute generally requires written notice to the employer first, giving the company a reasonable opportunity to address the issue.

Attorney Berkowitz also addresses breach of contract situations. While employee handbooks, offer letters, and general company policies rarely create enforceable implied contracts in Florida, an express written agreement signed by both parties that restricts termination or defines a set employment term may support a claim. Collective bargaining agreements offer similar protection for union workers and typically set out a grievance process to challenge a firing that violates the contract.

Medical leave protections are a further concern for many workers. Under the Family and Medical Leave Act, 29 U.S.C. 2612, eligible employees may take up to 12 weeks of unpaid leave for qualifying family and medical reasons while keeping their jobs. To qualify, a worker generally must have been employed for at least 12 months, logged at least 1,250 hours in the prior year, and work at a location with 50 or more employees within 75 miles. Berkowitz advises that a termination occurring shortly after a leave request, during leave, or right after a return to work can point to unlawful retaliation.

The firm stresses that strong documentation often determines the outcome of a case. Performance reviews, emails and text messages, personnel files, pay records, witness statements, and a timeline linking the firing to a protected activity all help establish that an employer's stated reason was a pretext. Because access to work accounts and internal systems may be cut off soon after a termination, Berkowitz advises affected employees to preserve relevant records as early as possible. Attorney Tarragona, who provides legal services in both English and Spanish, works alongside Berkowitz to represent employees throughout Miami and the surrounding areas.

For those facing a possible wrongful termination in Florida, consulting a Miami wrongful termination attorney early may help preserve evidence, meet critical filing deadlines, and clarify whether a firing violated state or federal law.

About BT Law Group, PLLC:

BT Law Group, PLLC is a Miami-based law firm focused on labor and employment matters, including wrongful termination, discrimination, retaliation, and whistleblower claims under state and federal law. Led by attorneys Jason D. Berkowitz and Anisley Tarragona, the firm represents employees in Miami and throughout Florida in state and federal courts and in administrative proceedings before agencies such as the EEOC and FCHR. For consultations, call (305) 507-8506 or visit the office at 3050 Biscayne Blvd STE 205, Miami, FL 33137.

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