Miami Wrongful Termination Lawyer

Miami Wrongful Termination Lawyer

It is never easy to lose your job, but it can be especially frustrating when the termination is illegal. If you have been fired, you likely have numerous pressing financial concerns. If your employer fired you and broke the law or your employment contract, you could recover these financial losses. A Miami wrongful termination lawyer can help employees protect their rights and help employers navigate claims for wrongful termination efficiently.

At the Law Offices of Gary A. Costales, P.A., our team is proud to support the rights, reputation, and financial interests of both employers and employees. We have decades of experience in employment and labor law, and our goal is to bring you knowledgeable and exceptional legal representation.

You may be an employee unsure how to financially recover after a wrongful termination. You may also be an employer navigating a claim of wrongful termination and looking to resolve the claim fairly.

Understanding The Grounds For Challenging Termination

The wrongful termination lawyers in Miami, Florida at the Law Offices of Gary A. Costales help employees who believe they have been wrongfully terminated. We also assist employers who are facing lawsuits due to an employee’s wrongful termination claim. Both employers and employees need to understand what leads to a valid wrongful termination case.

Losing your job can be a tremendous blow. It can impede your chosen career path and jeopardize your financial stability. The job loss can be particularly difficult if it was motivated by improper or illegal reasons. But employers also have the right to fire at-will workers at any time. Employers facing claims of wrongful termination from at-will workers they legally fired may also need to protect themselves from wrongful termination claims.

In Florida, most employment is at-will. This means either party may terminate the employment relationship at any time, for almost any reason. However, the law places some limits on employers’ ability to terminate employees.

While there is technically no legal action called a “wrongful termination claim” under Florida law, you can bring a lawsuit if your employer fired or terminated you for illegal reasons. What are some types of wrongful termination claims? They include termination based on discrimination or termination in retaliation for legally protected actions.

The Grounds for a Wrongful Termination Claim in Miami

The primary reasons that wrongful termination cases occur are for the following causes of termination, which breach employee rights:

• Employment discrimination: If you lost your job as a result of discrimination on the basis of certain protected grounds — such as race, religion, national origin, gender, disability, pregnancy, sex, marital status, genetic information, or age — you could be entitled to financial recovery or reinstatement. Any adverse employment actions motivated by your protected characteristics are illegal, including termination.
• Sexual harassment: Ongoing sexual harassment can make it difficult to function in your job. Sexual harassment can take the form of quid pro quo harassment, which is committed by a manager, supervisor, or employee with control over your job. It can also take the form of a hostile work environment created by coworkers. When there is a hostile work environment, and your employer fails to take action when made aware, you could have a claim. If you quit or lost your job due to sexual harassment, you could have grounds for a lawsuit.
• Retaliation for whistleblowing: Were you fired or demoted in retaliation for reporting your employer’s illegal or unethical conduct? If so, you may be able to pursue significant financial recovery or reinstatement under various state and federal whistleblower laws.

You may have reported illegal activity, discrimination or harassment in the workplace, or safety violations in the workplace. You may have also filed a complaint for unpaid overtime or other wage violations. These are legally protected actions, and your employer cannot take adverse action against you, including by firing you. If you refuse to be complicit in illegal activity, you are also protected from retaliation.

• Retaliation for protected actions: There are other actions that are protected, and which it is illegal for your employer to fire you for. This may include filing a workers’ compensation claim after a workplace injury, taking job-protected medical and family leave, or using the company’s HR process to complain of harassment or discrimination. If you are fired because of these actions, you likely have a wrongful termination claim.
• Contract-related protections: Some employment contracts provide that your employment can only be terminated for just cause. When this exists in an employment contract, it takes precedence over the state at-will employment laws. If your employer fired you for no reason — or terminated your employment for reasons that do not amount to just cause — you may be able to pursue a breach of contract claim.

Your contract may have also required a specific process for your termination, which your employer failed to follow. This would also allow for a breach of contract claim. Employees may also be protected by a collective bargaining agreement through their union.

Breaches of this contract can also lead to wrongful termination cases. When your contract is breached by your employer, you can recover damages like the wages you should have earned.

Each circumstance is different. Every situation presents its own set of challenges and options. Given the complexity of these claims, it is important to consult with a lawyer who specializes in labor and employment law. Contact the wrongful termination lawyers in Miami, Florida at the Law Offices of Gary A. Costales today to learn more.

Get Dedicated Representation from a Board-Certified Expert in Employment and Labor Law

At the Law Offices of Gary A. Costales, P.A., we focus exclusively on employment and labor law. Our primary attorney is certified as an expert in these areas by The Florida Bar, a prestigious distinction that few Florida lawyers hold. As a former administrative law judge and trial lawyer for the Equal Employment Opportunity Commission (EEOC), Mr. Costales has decades of experience handling the legal issues that arise in wrongful termination situations. He provides proactive and tenacious representation in protecting clients’ rights.

Our firm also represents employers facing allegations of wrongful termination. Our principal attorney has experience representing employers spanning a broad range of industries, including Fortune 500 companies. If you believe you have been wrongfully terminated or are facing a wrongful termination claim from an employee, time is of the essence. Reach out to the Law Offices of Gary A. Costales, a wrongful termination law firm in Miami, Florida.

Fired in Miami, Florida? Situations Where it May Be Wrongful Termination

In most cases, employment in Miami, Florida is employment that is at-will meaning that employers can generally fire workers for no reason or for any reason. But, if you were fired in certain circumstances, you may be able to bring forth a case for wrongful termination. What are these circumstances? Here are a few situations where your termination could potentially be considered wrongful:

• If you believed you were fired due to your race, sex (including gender identity or sexual orientation), pregnancy, religion, national origin, disability, or genetic information, you may have the right to make a claim for wrongful termination. Proving such a claim can sometimes be challenging, but if you revealed your gender identity, revealed that you were pregnant, or became disabled and then lost your job, a wrongful termination lawyer in Miami, Florida at the Law Offices of Gary A. Costales may be able to help you.
• If you reported sexual harassment, discrimination, or other violation of your rights on the job and were fired after making such a report, you may potentially be able to make a claim for wrongful termination. If you reported an employer’s wrongdoing, and were fired, you may also be able to make a claim for wrongful termination. Another situation where workers can sometimes face retaliation is when they seek damages for unpaid overtime. If you were fired after demanding overtime pay, you may also potentially have a wrongful termination claim. The wrongful termination lawyer in Miami, Florida at Law Offices of Gary A. Costales may be able to help you if you were fired after reporting harassment, discrimination, or wrongdoing.
• Making a Worker’s Compensation Claim or Taking Leave. If you are entitled to FMLA or worker’s compensation and file a claim or take your leave, and are fired for doing so, this might also be cause to file a wrongful termination claim. The wrongful termination lawyer in Miami, Florida at Law Offices of Gary A. Costales may be able to help you with your case.
• Breach of contract. If you were fired in breach of a contract you had with an employer, you may also have the right to file a wrongful termination claim. The Miami, Florida wrongful termination lawyers at Law Offices of Gary A. Costales may be able to help you.

Proving wrongful termination can sometimes be difficult. If you were fired and believe your termination was discriminatory, retaliatory, in breach of contract, or because you made a worker’s compensation or FMLA claim, you may have the right to seek damages under the law. Reach out to the wrongful termination lawyer in Miami, Florida at Law Offices of Gary A. Costales today. Our attorneys can review your case, provide you an honest assessment, and guide you on the next steps.

Why Do I Need an Employment Attorney As an Employee?

Employees who believe they were wrongfully terminated need to talk with an employment lawyer. Your attorney can review the facts of your termination, investigate the cause, and determine if you have a valid claim. They can help you gather evidence of the wrongful termination and hold your employer accountable for failing to uphold your rights. It can be difficult to prove a wrongful termination case. An attorney gives you a higher chance of success.

How Does an Employment Attorney Help Employers?

An employer facing a wrongful termination claim could potentially expect lengthy litigation. Working with an employment attorney can mitigate this risk, helping employers protect their reputation as a business and an employer.

When the wrongful termination claim has a valid basis, an employment attorney can help employers settle the matter fairly, discreetly, and efficiently. When there is a bad faith wrongful termination claim, an attorney can help employers protect their interests.

An employment attorney can also help employers in advance. By reviewing company policies, eliminating discrimination and retaliation from the workplace, and preventing illegal termination before it happens, employers can mitigate their risk and uphold employee rights.

FAQs

Learn More About The Legal Issues Surrounding Wrongful Dismissal | Free Telephone Consultation

Please contact our firm to learn more about how we can assist you. Based in Miami, our lawyers handle wrongful termination matters throughout South Florida. Call 786-446-7288 for a free telephone consultation with our office.

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