What constitutes wrongful termination in Miami, Florida?

Wrongful termination is a serious problem affecting many Miami, Florida, employees. While Florida is an “at will” employment state, it is illegal for employers to terminate employees because they are a member of certain protected categories. These “protected categories” include race, national origin, sex, religion, age, disability, and pregnancy. 

For this discrimination to be legally actionable, it needs to culminate in an “adverse employment action.”  Wrongful termination is the most common “adverse employment action,” but demotions, denying a promotion, reducing pay, or transferring to a less desirable position are also legally actionable.  

Below are more detailed explanations of different forms of discrimination:

• Race Discrimination: In Florida, discrimination based on race includes treating an employee or job applicant unfavorably because of their race or the race of someone they associate with, like a family member or co-worker.

• National Origin Discrimination: Discrimination based on national origin includes treating an employee or job applicant unfavorably because they are from a particular country or part of the world or have a particular accent or appearance associated with a particular national origin. 

• Gender Discrimination: Discrimination based on gender or sex includes treating an employee or job applicant unfavorably because of their gender, gender identity, or sexual orientation. 

• Religious Discrimination: Discrimination based on religion includes treating an employee or job applicant unfavorably because of their religious beliefs, practices, or observances. 

• Age Discrimination: Discrimination based on age includes treating an employee or job applicant unfavorably because of their age, but only if they are over 40 years old. 

• Disability Discrimination: Discrimination based on disability includes treating an employee or job applicant unfavorably because they have a physical or mental disability substantially limiting one or more major life activities or because they are believed to have such a disability. 

• Pregnancy Discrimination: Finally, discrimination based on pregnancy includes treating an employee or job applicant unfavorably because of their pregnancy, childbirth, or related medical conditions. Employers must provide reasonable accommodations for pregnant employees, such as modified work duties or time off for medical appointments. 

If you believe you have been discriminated against based on these protected categories, it is important to seek legal assistance to protect your rights. 

Contact the highly skilled wrongful termination attorneys at Cantrell Schuette, P.A., today for a free initial consultation at (305) 684-8004 or coordinator@caklegal.com.

What constitutes unlawful retaliation in Miami, Florida?

In Miami, Florida, unlawful retaliation affects employees across various industries. Retaliation refers to an employer’s adverse action against an employee for engaging in a protected activity, such as filing a complaint or reporting unlawful behavior.

In Florida, various laws protect employees from retaliation, including Title VII of the Civil Rights Act, the Florida Civil Rights Act, and the Florida Whistleblower Act. These laws prohibit employers from retaliating against employees who report discrimination, harassment, or other unlawful conduct.

Examples of unlawful retaliation in Florida include termination, demotion, pay reduction, negative performance evaluations, and harassment. Retaliation can be overt or subtle, occurring immediately after the protected activity or months later.

It is important to note that retaliation claims can be challenging to prove, as employers often have legitimate reasons for their actions. However, if you can show that the adverse action was motivated by retaliation, you may be entitled to damages, including back pay, reinstatement, and compensation for emotional distress.

To protect yourself from unlawful retaliation in Florida, it is important to document any incidents of retaliation or harassment, report any unlawful conduct to your employer or a government agency, and seek legal advice as soon as possible.

If you believe you have been subjected to unlawful retaliation in Florida, consult an experienced employment law attorney. An attorney can help you understand your rights, gather evidence, and pursue legal action if necessary. 

Contact Cantrell Schuette, P.A.’s Miami unlawful retaliation attorneys today for a free initial consultation at (305) 684-8004 or coordinator@caklegal.com.

I think I’m about to be wrongfully terminated; what can I do to protect myself?

If you are a Miami employee and believe you are about to be wrongfully terminated, taking proactive steps to protect yourself ASAP is essential. The first thing you should do is gather all relevant information that can support your claim of wrongful termination. This can include any emails, messages, or other documentation highlighting your employer’s discriminatory actions or statements.

It is also important to familiarize yourself with Florida’s laws and regulations surrounding wrongful termination. This can help you determine whether your employer’s actions are illegal and whether you have a case for wrongful termination. 

Finally, start preparing for conversations or meetings with your employer regarding your termination. This includes being able to clearly and calmly articulate your concerns and the reasons why you believe your termination was wrongful.  In addition, you want to calmly ask your employer to articulate all the reasons for your termination.  That way, they can’t invent new reasons after the fact.

In addition to gathering evidence, consider reaching out to an Miami employment law attorney. Contact Cantrell Schuette, P.A.’s knowledgeable Miami wrongful termination attorneys today for a free initial consultation at (305) 684-8004 or coordinator@caklegal.com.

I’ve already been wrongfully terminated; what now?

If you are wrongfully terminated, it is important to remember that you have legal rights. You may be entitled to compensation for lost wages, emotional distress, and other damages. By seeking out the advice of an experienced attorney, you can ensure that your rights are protected and that you receive the compensation you deserve.

First, it is vital to understand the reasons behind your termination and to gather evidence supporting your wrongful termination claim. This can include documentation of any discriminatory actions or statements made by your employer and any promises or agreements made regarding your employment.  Ensure that you gather any emails, messages, or other documentation that clearly highlight your employer’s discriminatory actions or statements. It is crucial that you have as much concrete evidence as possible to support your claim.

You may also want to contact a lawyer specializing in employment law to discuss your options. Contact Cantrell Schuette, P.A.’s Miami wrongful termination attorneys today for a free initial consultation at (305) 684-8004 or coordinator@caklegal.com.

How do I prove my wrongful termination or retaliation case?

Proving wrongful termination cases can be very challenging as most people aren’t openly discriminatory or retaliatory these days. Therefore, wrongful termination cases are mostly proven circumstantially. This involves presenting all the circumstances surrounding the case to a judge or jury who will then determine if the employee was terminated due to being a member of a “protected category” such as their race, gender, age, religion, sexual orientation, disability or national origin or in retaliation for engaging in a “protected activity” like making a complaint about unlawful discrimination or harassment or participating in an internal or external investigation. This process can be very labor-intensive.

To successfully prove the case, the employee’s lawyer needs to discover and develop any patterns of differential treatment between employees in the “protected category” and those outside of it and between employees who engaged in “protected activities” and those who did not. Failure to do so may result in the case being dismissed by a judge before trial at a stage known as summary judgment.

For retaliation cases, the time frame between engaging in a “protected activity” and experiencing an “adverse employment action” such as termination, demotion, or failure to promote, holds great significance.  Employers rarely admit to terminating an employee in retaliation for participating in a “protected activity.” However, if an employer terminates an employee shortly after they report or oppose unlawful activity, the chances of proving retaliation increase significantly. Suppose there is a one-week gap between an employer discovering the “protected activity” and your termination. In that case, it becomes easier for a jury to conclude that retaliation was the reason for your termination than it would be if there were a gap of one year between the discovery of the “protected activity” and your termination.

It’s important to note that only supervisors can terminate an employee. Therefore, if an employee wants to prove they were fired due to being in a “protected category,” they need to prove that their supervisor discriminated against them, not just a co-worker. If a co-worker alone was responsible for discrimination, the employee might have a harassment case (assuming they reported it to their employer), but not necessarily a discrimination case.

How much is my wrongful termination case worth?

Calculating damages in a termination case involves lost wages. There are two types: back pay from termination until trial ends and front pay from trial onward. The employee must mitigate their losses by seeking comparable employment. If the employee finds a job paying less, they are entitled to the difference until they find a similar position.

The second category of damages is compensatory damages, which are often referred to as pain and suffering. The EEOC considers the following categories: (a) emotional pain and suffering, (b) inconvenience, (c) mental anguish, (d) loss of enjoyment of life, (e) injury to professional standing, (f) injury to character or reputation, (g) injury to credit standing, (h) loss of health, (i) fright, (j) shock, (k) humiliation, (l) indignity, (m) apprehension, (n) marital strain, (o) loss of self-esteem, (p) anxiety, (q) depression, (r) loss of respect of one’s friends and family, (s) isolation, and (t) grief. The importance of these categories can differ from person to person, and achieving the best outcome from a jury necessitates the skills of a highly competent trial lawyer.

In every case, there are two values to consider: trial value and settlement value. The trial value will vary dramatically based on the jurisdiction and jury pool.  It is not a fixed amount but rather an average.  

The average trial value is equal to the fair settlement value. Imagine if your case was heard by 100 separate juries and, on average, those 100 juries award $50,000. That is the fair settlement value of your case. Of those 100 juries, some juries would award $0, and others would award six or 7-figure verdicts, but there is simply no way to know which of these verdicts you would get if your case were tried until after the jury returns their verdict. 

Unfortunately, you only get one jury, and there is no way to know ahead of time if that jury will be good or bad.  However, experienced attorneys can give reasonably accurate estimates for your case’s settlement value and the range of expected trial values.

Contact Cantrell Schuette, P.A.’s Miami wrongful termination attorneys today for a free initial consultation at (305) 684-8004 or coordinator@caklegal.com.