Discrimination & Wrongful Termination

Because Florida is an “at will” employment state, employers and employees have the right to terminate their working relationship for almost any reason ― as long as the reason does not violate federal or state laws. The Law Offices of Ena T. Diaz, P.A. provides legal representation to employees and employers in wrongful termination lawsuits.

Employee rights when discrimination leads to termination

Termination is wrongful when an employer fires an employee based on discrimination against the following protected classes:

  • Age
  • Sex
  • Race
  • Pregnancy
  • Marital status
  • National origin
  • Color
  • Religion
  • Disability

Employees subject to wrongful termination can consult a Miami discrimination attorney to help them sue for back pay and compensatory damages. In some instances, reinstatement may also be an appropriate remedy.

If you file a complaint based on discrimination such as sexual harassment or based on your refusal  to participate in an illegal activity, discrimination or harassment of other workers, and your employer retaliates by firing you, this is also wrongful termination. Employers cannot terminate you because you demand overtime pay, minimum wage or take a work leave that meets the requirements of the Family Medical Leave Act. Federal and Florida employment law protect your rights in these instances.

Working with employers to prevent wrongful termination

Employers who work with employement and discrimination lawyers in Miami can put policies and business practices in place that prevent wrongful termination based on discrimination or other exceptions to the Florida “at will” employment law.

Company communications and written policies that imply some other type of employment contract than “at will” employment can inadvertently create an agreement that requires cause to terminate an employee. The Law Offices of Ena T. Diaz, P.A. can review your employee handbook and other written notices to ensure no legal ambiguity.

For example, sometimes company recruiters use promotional materials that promise jobs with the company for the long term, or managers guarantee employees that if they meet certain production quotas they will always have a job with the company. In a case against the employer, employees can argue that some other contract was formed rather than an at-will contract, and therefore wrongful termination occurred.

Consult wrongful termination lawyers in Miami to protect your rights

Whether you are an employee subject to wrongful termination, an employer working to establish sound employment practices or protect your interests in litigation, our firm can help. Contact the Law Offices of Ena T. Diaz, P.A. to discuss wrongful termination and discrimination issues.