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Wrongful termination attorneys in Miami help employees who have been fired from their job for a reason that blatantly discriminates against people for age, religion, sexual orientation, gender, race, national origin, or citizenship, among other known protected classes. In addition, Miami employees cannot be terminated or fired for being pregnant, military status, political affiliation, disability, or filing any type of worker’s compensation claim or whistleblower claims. For the past 25 years, the experienced attorneys at the Derek Smith Law Group in Miami have helped employees receive the compensation they deserve for their wrongful termination claims.
Wrongful termination in Miami is when an employer fires an employee for an illegal reason. Florida, and in association, Miami, have at-will employment. That means that an employee can be fired for almost any reason. If the employer does not like the employee, he can be fired. If the employer thinks the employee is not a good fit for the company culture, he can be fired. However, he cannot be fired if the reason violates Title VII of the Civil Rights Act of 1964, which protects employees from discrimination for the following reasons:
The employee cannot be fired if she is pregnant, disabled, or affiliated with a particular political party. Military status and jury duty also cannot be used to fire an employee.
Other issues, such as retaliation for being a whistleblower, filing a worker’s compensation claim, filing a claim for any discriminatory practices, or refusing sexual advances would also be grounds for a wrongful termination claim against the employer.
Finally, if you are a contract employee and do nothing to break the terms of the contract, an employer firing you before the end of the contract is a wrongful termination.
Proving wrongful termination in Miami can be done through different types of evidence.
Wrongful termination in Miami occurs more often than many people think. It can be subtle or blatant. Some examples of wrongful termination include:
The Equal Employment Opportunity Commission (EEOC) handles claims relating to discrimination under Title VII. In the same vein, the Florida Commission on Human Relations (FCHR) handles claims relating to the Florida Civil Rights Act violations in the workplace. Under both of these laws, if you were fired due to discrimination, you have 200 days to file a claim with the EEOC or FCHR for wrongful termination.
If you were fired because you are a whistleblower, you have 2 years to file a lawsuit for wrongful termination.
If you were fired because you refused to participate in criminal activity or there is a claim for willful emotional distress, you have a time limit of 4 years to file a lawsuit for wrongful termination.
Finally, if you are the victim of a breach of contract, you have a time limit of 4 years to file a lawsuit for breaching a verbal contract and 5 years for a written contract.
If you are the victim of wrongful termination in Miami, you may be entitled to compensation and other court remedies, such as:
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View All TestimonialsDuring the time that I really needed a good counselor and I was approaching different attorneys unfortunately before they heard the problem they were demanding a retainer fee. A friend of mine introduced me to the Derek Smith Law Group and I was very fortunate to be answered by Matt Finkleberg who was very polite and understanding and gave me a lot of confidence without asking for any fees in f... Read Full Testimonial
Matt Finkleberg is by far the best attorney I’ve ever hired!
Matt Finkelberg is an outstanding attorney. It was a pleasure to have him represent me for my employment case. He was very easy to talk to. He was very supportive and knowledgeable throughout the whole process. He explained the entire process to me and kept me informed every step of the way. Matt fought diligently throughout my case to make sure my case was represented best. I am very gratef... Read Full Testimonial
Matt Finkelberg is a top notch lawyer. He is very easy to talk to and truly cared about me as his client. He definitely earned my trust and confidence in his capabilities to represent me in the most professional respects. I give Matt and his firm the Derek Smith Law Group my highest recommendation to anyone who is seeking legal help for employee/employer related matters.
Matt Finkelberg is a life saver. During this whole process not only did I have a great lawyer but I also made a great friend. Matt was very attentive to my case, and mental health. Matt helped me during probably the darkest time of my life and for that I am forever grateful to have came across the Derek Smith law group. As a past client, I 100% recommend Matt Finkleberg. Matt provides a safe sp... Read Full Testimonial
It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough
It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
You will be in great hands at this firm! Alyssa the managing paralegal is an absolute professional who excels at what she does. You can tell she truly cares about providing the best service possible, and is passionate about helping her clients. With Alyssa at the helm, this firm is a top-notch choice for anyone seeking assistance. Highly recommend!
Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial
Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonial
Our dedicated attorneys are ready to fight for your workplace rights and ensure justice!
A wrongful termination lawsuit can take anywhere from 4 to 6 months to 1 year or more to settle. If the employer is willing to negotiate a fair settlement prior to trial, the case may only take 4 to 6 months to settle.
However, if your employer refuses to negotiate a fair settlement then the case would go to trial. Preparing for trial can take 8 months to a year or longer, while the trial can take a few days to a few weeks until a decision is reached.
If you are the victim of wrongful termination, you will want to prepare to file your lawsuit. Some things you can do immediately to help make the process run smoothly are:
No employee should worry about being fired for doing the right thing or because of discrimination.
If you are the victim of wrongful termination in the workplace, the experienced attorneys at the Derek Smith Law Group can help.
Contact us today at (305) 946-1884 for your free consultation. We do not collect any money until you win your case.
Our experienced legal team provides reliable services in key U.S. cities, ensuring expert assistance for workplace discrimination and employment law matters wherever you are located.