Wrongful Termination
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.