MIAMI, FL - Workers in Miami who believe they were fired because of a protected characteristic often face confusion about whether their termination violated the law. Miami employment attorney Jason D. Berkowitz of BT Law Group, PLLC (https://btattorneys.com/blog/what-is-wrongful-termination-based-on-discrimination-in-miami-florida/) has released guidance explaining what may qualify as wrongful termination based on discrimination, which protected characteristics are covered, and the deadlines that may apply to affected employees.

According to Miami employment attorney Jason D. Berkowitz, an unfair firing alone does not establish discrimination. A discrimination claim depends on evidence connecting a protected characteristic to the employer's decision to terminate. "An employer may have performance concerns or a legitimate business need, but the evidence can show that the stated reason was not the real reason," Berkowitz explains. "The task is to link the firing decision to a characteristic the law protects."

Miami employment attorney Jason D. Berkowitz notes that employees in the region are protected by federal, state, and local laws. The Equal Employment Opportunity Commission enforces federal statutes, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Genetic Information Nondiscrimination Act. The Florida Commission on Human Relations enforces the Florida Civil Rights Act under Florida Statutes Section 760.10, while the Miami-Dade Human Rights Ordinance provides additional local protections.

Coverage often depends on the size of the employer. Many federal statutes and the Florida Civil Rights Act apply to employers with fifteen or more employees, while the Age Discrimination in Employment Act applies to those with twenty or more. The Miami-Dade Human Rights Ordinance can reach employers with as few as five employees in Miami-Dade County, which means a worker whose employer is too small for one law may still have protection under another.

Berkowitz points out that federal and state age discrimination standards differ. The Age Discrimination in Employment Act protects workers who are forty or older, and although the Florida Civil Rights Act does not state a minimum age in its text, Florida courts analyze such claims under federal standards. Title VII treats discrimination based on sexual orientation or transgender status as gender discrimination, and Miami-Dade law separately names sexual orientation, gender identity, and gender expression, along with ancestry, familial status, and status as a victim of domestic or dating violence.

Proving discrimination requires evidence, which may be direct or circumstantial. "Direct evidence clearly connects the firing to a protected characteristic, such as a decision-maker stating that an employee is being let go because of age or pregnancy," Berkowitz says. "Circumstantial evidence builds an inference through surrounding facts, including the timing of the firing, inconsistent explanations, departures from workplace policies, and different treatment of similar employees." He adds that personnel records, emails, performance reviews, and witness statements can be compared with the employer's stated reason to determine whether it matches the underlying facts.

Attorney Berkowitz emphasizes that Florida's at-will employment rule does not prevent a discrimination claim. An employer may terminate an employee for any lawful reason or no reason at all, but at-will employment does not permit a firing based on a protected characteristic. Depending on the facts, such a termination may violate Title VII, the ADA, the ADEA, the Florida Civil Rights Act, or the Miami-Dade Human Rights Ordinance.

Filing deadlines vary by agency. Many EEOC charges arising in Florida must be filed within 300 days of the discriminatory act, a Florida Commission on Human Relations complaint must be filed within 365 days, and a covered complaint with the Miami-Dade Commission on Human Rights must generally be filed within 180 days. Berkowitz observes that before filing many federal lawsuits, a nonfederal employee must first receive a Notice of Right to Sue, and separate deadlines then govern the lawsuit itself.

The Miami employment lawyers at BT Law Group, PLLC also note the distinction between discrimination and retaliation. Discrimination occurs when an employer takes an adverse action because of a protected characteristic, while retaliation involves an adverse action taken because a worker engaged in protected activity, such as reporting discrimination. When an employee reports discrimination and is later fired, the facts may support both claims.

Successful claims may lead to remedies including back pay, front pay, reinstatement, compensatory damages, and, in certain cases, punitive or liquidated damages. Attorney Berkowitz explains that the governing law, employer type, and facts determine which remedies and damage limits apply, and that federal law caps certain combined damages based on employer size.

For those who believe they were terminated because of a protected characteristic, consulting a Miami employment attorney may help clarify which filing options apply and how to protect their legal interests. BT Law Group, PLLC represents workers throughout Miami and surrounding Florida communities in discrimination and wrongful termination matters.

About BT Law Group, PLLC:

BT Law Group, PLLC is a Miami-based employment law firm founded by attorneys Jason D. Berkowitz and Anisley Tarragona. The firm represents employees facing discrimination, harassment, retaliation, wrongful termination, wage disputes, and accommodation denials throughout Miami-Dade County. The office is located at 3050 Biscayne Blvd STE 205, Miami, FL 33137, and Spanish-speaking clients can communicate directly with the firm. For consultations, call (305) 507-8506.

Email: assistant@btattorneys.com

Media Contact

Name
BT Law Group, PLLC
Contact name
Jason D. Berkowitz
Contact phone
(305) 507-8506
Contact address
3050 Biscayne Blvd Ste 205
City
Miami
State
FL
Zip
33137
Country
US
Url
https://btattorneys.com/