Miami, Florida Wrongful Termination Lawyer

HIRE A WRONGFUL TERMINATION LAWYER WHO CAN DEFEND YOUR RIGHTS

Were you fired through no fault of your own? Wrongful or unlawful termination of employees has very serious legal consequences. Although Florida is an “at-will” state, your age, race, gender or injury should not result in the loss of your job.

FLORIDA’S EMPLOYMENT “AT-WILL DOCTRINE

Under Florida’s current “employment “at-will” doctrine, an employer can fire an employee for any reason or no reason at all. This is legal as long as the actions taken against the employee are not the product of workplace discrimination or in violation of state, local and/or federal law. However, unlawful or wrongful termination of employees has serious legal consequences. It takes a legal professional with years of expertise in wrongful discharge to navigate the complexities of employment law and our justice system.

More importantly, not all workers fall under the employment at-will doctrine. Some individuals may have contracts guaranteeing job security. In Florida, these contracts are typically written agreements guaranteeing a specific term of employment. An employer may be liable for breach of contract if the employer violates the terms of a written agreement.

WRONGFUL TERMINATION LAWYERS IN MIAMI

The Law Office of Garcia Hernandez, P.A. can help you determine the best course of action and defend your rights on the job against large and powerful corporations, government employers, or rogue companies. We understand what you are going through affects you and your family too. Wrongful termination can cause emotional trauma, financial stress, and significant disruptions to you and your family’s daily needs.

There are several options that individuals may seek to pursue, ranging from legal action to negotiating a severance package. The decision will depend on your situation and the details of your case. Wrongful termination lawyers can guide you in making the right decision for you and your family.

WHAT IS WRONGFUL TERMINATION?

Wrongful termination may result from:

Workers’ Compensation Retaliation Claim Filing

According to Florida Statute §440.205, “No employer shall discharge, threaten to discharge, intimidate or coerce any employee by reason of such employee’s valid claim for compensation or attempt to claim compensation under the workers’ compensation law.” What this basically means is that it is illegal for an employer to retaliate against or terminate an employee for filing a workers’ compensation claim.

Hostile Work Environments Tolerating Sexual Harassment

Wrongful termination lawyers fight for victims of sexual harassment. If it is proven that the wrongful discharge was caused by a sexually hostile work environment, you may be eligible to receive compensatory damages, reinstatement to your job with all pay and benefits, and back pay from the date of termination to the settlement or verdict, among other types of damages. Sexual harassment is covered under Title VII of the Civil Rights Act of 1964.

Age Discrimination

The Age Discrimination in Employment Act (ADEA) protects people 40 years of age and older from age-based discrimination. Wrongful termination laws protect people from being fired just because of their age. This includes any stage of the employment process, including hiring, training, promotions, layoffs, and firing. Also, the Older Workers Benefit Protection Act (OWBPA), an amendment to the ADEA, says that an employer typically may not reduce or deny benefits for older employees.

Race Discrimination

Racism should never be tolerated. Wrongful termination lawyers will perform a thorough investigation of all the facts in the case. Experience matters across all areas of employment law. A creative and aggressive approach to workplace discrimination lawsuits, together with our experience in the presentation and proof of discriminatory treatment on the job, can make a significant difference in the ultimate result of your claim. For a consultation about your legal options in a workplace race discrimination case, call The Law Office of Garcia Hernandez, P.A.

Wage and Hour Disputes

Were you fighting for missing wages or fair pay and got fired? The Fair Labor Standards Act (FLSA) covers comprehensive issues surrounding wage and hour disputes. These can include unpaid wages, unpaid commission, unpaid salary, and other forms of wage theft. Have you heard your employer say: “I do not owe you that money” or “You owe me money, so I’m not paying you?” Are you a bartender or server and have been short-changed by your employer? Are you in sales and did not receive your proper commission? Both of these are examples of wage disputes. A wrongful termination lawyer may be able to help.

Unpaid Overtime

Whether you didn’t receive your wages from working overtime or received “straight-pay” after putting time in after your regular 40 hours, these are both covered under employment law. Employers will often have excuses such as: “You didn’t work those hours”; “You worked unscheduled hours”; or even, “I didn’t approve overtime for you.” Our lawyers have a deep appreciation for the complex and difficult nature of unpaid overtime, and we seek to begin a constructive dialog between employers and their employees in seeking a fair resolution.

Whistleblowing

According to Florida’s Private Whistle-blower’s Act, it is unlawful for employers to terminate employees for uncovering, objecting to, or reporting violations of state and federal law. Additional detailed examples of what is covered under the Whistle-blower’s Act include participation in an investigation or legal action against their employer, calling a whistleblower hotline, or filing a written complaint with an appropriate agency on their own or as part of an ongoing investigation. Victims of adverse actions, including but not limited to termination, have the right to recover damages for reporting illegal activity or refusing to participate in discriminatory conduct.

Family and Medical Leave

Wrongful termination lawyers fight for many individuals that have been fired while on leave from work. The federal Family and Medical Leave Act (FMLA) protects you or a loved one from that wrongful discharge. The FMLA “entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.” FMLA typically covers childbirth and the initial care of a newborn. Medical leave can include coverage for a serious health condition that makes the employee unable to perform the essential functions of his or her job.

Religious Discrimination

The U.S. Equal Employment Opportunity Commission (EEOC) says “religious discrimination involves treating a person (an applicant or employee) unfavorably because of his or her religious beliefs.” This applies to all aspects of employment including wages, promotions, health insurance, etc. Did you know that if a spouse or another close relation is a particular religion, you cannot discriminate against an employee or candidate based on that? It can also include such areas as headdresses, certain types of hats, or other attire that are worn due to your religious beliefs. Dedicated time off work canis also be required for religious holidays. Before filing a charge of discrimination with the EEOC, make sure to contact a wrongful termination lawyer first. They can best assist you with drafting that charge and initiating the administrative process.

YOU’RE NOT ALONE

No matter how skilled you are at your job or the recognition you receive, anyone can become a victim of illegal workplace actions. Clients often come to us after being fired, laid off, or downsized based on unlawful or discriminatory reasons. You don’t have to do this alone. We’ve helped thousands of others just like you.

At your free initial consultation, we will evaluate your case and analyze the events that led to the adverse employment action. Our priority is to help you understand your rights as an employee and get the justice you deserve. We look at the timing of the termination, demotion, or reduction in pay after the workplace event. If you have any physical documentation such as printouts of emails, texts, social media posts or pictures, or even written evaluations, make sure you keep these and provide them to us. There is a statute of limitations on wrongful termination in Florida, so it is important to fight for your rights before it is too late.

TAKE ACTION TODAY

If you believe you were wrongfully terminated from your job due to any of the above circumstances, we want to speak with you. From injustices such as sexual harassment, race discrimination, pregnancy discrimination, and much more, employee rights attorneys in Florida are here to help. When selecting a wrongful termination lawyer, you want someone who will represent you professionally and fight aggressively for you against the well-funded employer. Take immediate action with an employee rights attorney that has industry-respect and a proven track record of success. Contact the Law Office of Garcia Hernandez, P.A. today. We’ve helped thousands of clients get the justice they deserve.

Why Consult a Miami Wrongful Termination Lawyer?

It is essential to consult a Miami wrongful termination lawyer for those employees who believe they were terminated unfairly. In Miami, it is highly recommended to consult a wrongful termination lawyer to understand your rights and get justice.
Below are the main points for which a wrongful termination lawyer can help you:

Understanding Complex Laws

A wrongful termination lawyer can help you understand the complicated laws in Florida. Florida is a place where employers have the freedom to fire employees. Some laws, including Federal, state, and local laws, restrict the termination of employees based on prejudice (based on gender, age, religion, or disability), retaliation for different activities, including whistleblowing, harassment, and compensation claims. These laws are complicated to understand; therefore, consulting a lawyer can help you determine the right option. An experienced lawyer can help you determine if you are eligible to protect your rights under any one of the protected laws and categories.

Identifying a Reasonable Declaration

It is a difficult task to prove the legal “wrongful termination”, even if you are confirmed to feel wronged. A skilled lawyer who has extensive knowledge of the laws can analyze your situation, the details of your firing, and look for the evidence. They can offer you the proper assistance regarding your wrongful termination. A lawyer can find the actual reason for the termination, which employers usually try to hide.

Evidence Gathering and Protection

Lawyers can build your wrongful termination case with evidence gathering. It is crucial to collect careful evidence to build a strong case for your wrongful termination. A lawyer can assist you on to preserve the essential documents that can help in the case and how to collect the information as evidence for your case. Lawyers can also summon the witnesses if necessary for your condition.

Guiding Administrative Processes

For some wrongful termination claims (in case of discrimination or retaliation) needs filing a complaint with the government agencies. This can be an important step before filing a lawsuit. Filing a complaint can be a complex procedure due to the strict procedures and deadlines of the agencies. If you consult or hire an experienced lawyer, he/she can ensure the procedure of filing the complaint is done correctly and the chances of success can be increased.

Dealing with the Employer’s Legal Team

The employer can have legal counsel, and going against an experienced corporate lawyer can create a significant disadvantage. Your lawyer can help you protect your rights during the procedure and can advocate on your behalf to achieve justice.

Evaluating Damages

A wrongful termination can lead to financial and emotional issues for the employee. If you consult a lawyer, then he can help you understand and evaluate the potential damages, including lost wages and benefits. A lawyer can fight for you to recover the essential compensation you deserve.

Negotiation and Litigation Expertise

With negotiation and litigation expertise, a lawyer can help you resolve wrongful termination cases. An experienced lawyer can deal with the employer and his team effectively to achieve a favorable settlement of the case. In some cases, where settlement is not possible, the Miami wrongful termination attorney​ can represent you in court.

Understanding Statutes of Limitations

Strict time limits for filing wrongful termination claims can vary with different situations. If you miss these deadlines, this can lead to a ban on you pursuing your claims. A lawyer can help you ensure the meeting of the deadline within the time.

In conclusion, a Miami wrongful termination lawyer is a professional. They can offer legal expertise, protect your rights, and try their best to ensure favorable outcomes of the case. With the free initial consultation, The Law Office of Garcia Hernandez, P.A. makes it easy to discuss your case and understand the suitable option for you.

Contact the Law Office of Garcia Hernandez, P.A. today. We’ve helped thousands of clients get the justice they deserve.

Call On: (305) 771-3374
Office Address: The Law Office of Garcia Hernandez, P.A., 2655 LeJeune Road, Suite 802, Coral Gables, FL 33134.

Frequently Asked Questions for Wrongful Termination Lawyer:

Question 1. What can a Wrongful Termination Lawyer do?

Answer. A wrongful termination lawyer is a legal professional who can help individuals who were terminated from their jobs unfairly. Those who were victims of discrimination can hire a wrongful termination lawyer. A lawyer can help individuals by assessing the rightfulness of the terminations and can represent the clients in the negotiations. The lawyer can also offer suitable assistance to the victim to protect their rights.

Question 2. Can I file a wrongful termination claim in Florida?

Answer. You may be able to file a wrongful termination claim in Florida, but it is essential to note that in Florida, employers have the freedom to terminate employees with or without reason. There are expectations to file a wrongful termination claim in Florida. In simple words, you cannot file a claim for wrongful termination. You can sue for wrongful discharge if your termination was unlawful. It may mean that you need to prove that your termination was due to discrimination or retaliation.

Question 3. What is “at-will” employment in Florida?

Answer. In Florida, “at-will” employment means that the employer and employee both have the freedom to terminate their employment relationships. They can terminate their relationship for any reason or no reason, with or without notice. An employer has the freedom to terminate any employee with or without reason, and an employee can quit the job, with or without notice.

Question 4. Why are employment contracts important in Florida?

Answer. Employment contracts are important in Florida, due to the reason that the contracts can clarify the terms and disallow the “at-will” employment principles. These contracts allow the employers to fire the employees without any reason at any time. The contracts can define the relationships and responsibilities for both parties, which can provide legal protection with the reduced risk of conflicts.

Question 5. Is the termination letter required to terminate employees in Florida?

Answer. In Florida, it is not essential to have a termination letter. The employers have the right to terminate the employees without any reason and at any time. Florida operates under the “at-will” employment principles; therefore, no requirement for a termination letter to terminate employees.