Wrongful Termination Lawyer & Employment Law - N Miami Beach

Introduction: Why Employment Law Matters in North Miami Beach, Florida

North Miami Beach (NMB) is home to a diverse workforce that serves tourism, health care, logistics, retail, and a growing technology sector. Whether you clock in at a boutique hotel along Sunny Isles Boulevard, manage inventory at a Biscayne Boulevard warehouse, or telecommute for a fintech start-up near the Intracoastal, the same question arises when work problems surface: What rights protect me as an employee in Florida?

This guide answers that question using strictly verified sources such as the Florida Civil Rights Act (FCRA), Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act (FLSA), and the Americans with Disabilities Act (ADA). While Florida’s at-will doctrine allows most employers to terminate workers for nearly any reason, federal and state laws carve out crucial exceptions. By understanding those exceptions and the procedures for enforcing them—through the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR)—North Miami Beach workers can protect their livelihoods and, when necessary, secure legal representation from a wrongful termination lawyer.

The discussion slightly favors employees but remains strictly factual, pulling language directly from statutes, regulations, and published court decisions. You will find step-by-step instructions, limitation periods, and local resources specific to Miami-Dade County and NMB. By the end, you should know when to file an internal complaint, how to document retaliation, and when to call an attorney licensed by The Florida Bar.

Understanding Your Employment Rights in Florida

Florida’s At-Will Employment Doctrine

Florida is an at-will employment state (see DeMarco v. Publix Super Markets, Inc., 384 F. Supp. 3d 1254, S.D. Fla. 2019). Your employer may terminate you for any lawful reason—or no reason at all—without incurring liability. However, terminations that violate a statute, public policy, or contractual promise are wrongful. Key exceptions include:

• Discrimination: Race, color, religion, sex (including pregnancy), national origin, age (40+), disability, or genetic information (Title VII, ADA, ADEA, and FCRA, Fla. Stat. § 760.10).

• Retaliation: Opposing unlawful practices or participating in an investigation (Title VII § 704(a); FCRA; Fla. Stat. § 448.102 for whistleblowers).

• Wage & Hour: Terminations for asserting rights under the FLSA (29 U.S.C. § 215(a)(3)).

• Public Policy: Refusal to engage in illegal activity (limited common-law protection) and public-sector protections (e.g., Florida Public Whistleblower Act, Fla. Stat. §§ 112.3187–112.31895).

• Contracts & Collective Bargaining: Written employment contracts, offer letters, or union agreements that define dismissal procedures.

Key Employee Rights Under Federal and Florida Law

• Equal Pay: FLSA and Equal Pay Act require men and women be paid equally for substantially equal work.

• Minimum Wage: Florida’s minimum wage adjusts annually (Fla. Const. art. X §24), currently higher than the federal rate.

• Overtime: Non-exempt employees earn 1.5x regular rate after 40 hours (FLSA, 29 U.S.C. § 207).

• Leave & Accommodations: ADA reasonable accommodation; Family and Medical Leave Act (FMLA) up to 12 weeks unpaid leave for eligible employees.

• Safe Workplace: Occupational Safety and Health Act ( OSHA) requires hazard-free conditions; retaliation for safety complaints is forbidden.

Common Employment Law Violations in Florida

1. Wrongful Termination

Wrongful termination often overlaps with discrimination or retaliation. In Jones v. United Space Alliance, 494 F.3d 1306 (11th Cir. 2007), the Eleventh Circuit held an employer liable for firing an African-American engineer after he reported racial slurs. Florida courts frequently rely on Eleventh Circuit case law for Title VII claims.

2. Wage and Hour Violations

Miami-Dade’s hospitality industry has faced repeated FLSA collective actions over tip pooling and off-the-clock work. FLSA allows recovery of back pay plus an equal amount in liquidated damages (29 U.S.C. § 216(b)). The statute of limitations is 2 years, extended to 3 years for willful violations.

3. Unlawful Retaliation

Florida’s Private Whistleblower Act (Fla. Stat. § 448.102) protects employees who disclose or object to illegal activity. Employers cannot demote, suspend, or terminate an employee for such activity. Plaintiffs must provide the employer written notice and 90 days to correct the violation (unless futile) before filing suit. The limitations period is 2 years from the retaliatory act.

4. Disability Discrimination

ADA and FCRA require reasonable accommodations unless they impose an undue hardship. Terminating a worker after a mere request for accommodation can lead to liability, as illustrated in Holly v. Clairson Industries, L.L.C., 492 F.3d 1247 (11th Cir. 2007).

5. Sexual Harassment

Quid pro quo and hostile work environment harassment violate Title VII and FCRA. The U.S. Supreme Court’s decisions in Faragher v. City of Boca Raton, 524 U.S. 775 (1998) (originating in Florida), set the standards for employer liability in harassment cases.

Florida Legal Protections & Employment Laws

Florida Civil Rights Act (Fla. Stat. Chapter 760)

The FCRA mirrors Title VII, ADA, and ADEA but applies to employers with 15 or more employees. Claims must first be filed with the FCHR within 365 days of the discriminatory act. After 180 days, the FCHR can issue a “Notice of Determination” or a “Right-to-Sue” letter. The employee then has 1 year from that letter to file suit in state court.

Title VII and Federal Anti-Discrimination Statutes

For federal claims, you must file with the EEOC within 300 days (Florida is a “deferral” state due to the FCHR). The EEOC often dual-files with the FCHR. Once you receive a Notice of Right to Sue, you have 90 days to file in federal court.

Fair Labor Standards Act (FLSA)

FLSA governs minimum wage, overtime, and record-keeping. Because Florida’s constitution sets a higher minimum wage, employers in NMB must follow the state rate—$12.00 per hour as of 2024 (subject to annual CPI adjustments). Employers cannot retaliate against employees who complain about wage shortfalls or cooperate with the U.S. Department of Labor Wage and Hour Division.

Florida Minimum Wage Statute (Fla. Stat. § 448.110)

Workers may file a civil action if not paid at least the state minimum wage. The suit must be filed within 4 years of the violation (5 years if willful). Pre-suit notice to the employer is required, giving 15 days to resolve the claim.

Florida Whistleblower Statutes

• Private Sector: Fla. Stat. § 448.101–448.105

• Public Sector: Fla. Stat. §§ 112.3187–112.31895

Both statutes protect employees who disclose, object to, or refuse to participate in illegal activities. Remedies include reinstatement, back pay, and compensatory damages.

Statute of Limitations Snapshot

• EEOC/FCHR discrimination charge: 300/365 days

• Title VII suit: 90 days after Right-to-Sue

• FCRA suit: 1 year after FCHR notice

• FLSA: 2 years (3 if willful)

• Florida Minimum Wage: 4 years (5 if willful)

• Private Whistleblower: 2 years

Steps to Take After Workplace Violations

1. Document Everything

Immediately write down dates, times, witnesses, and copies of emails or text messages. Courts give substantial weight to contemporaneous documentation. Maintain records at home, not on company servers.

2. Review Employer Policies

Most NMB employers—especially hospitality groups like those operating along Collins Avenue—maintain anti-discrimination and wage complaint procedures. Follow them to preserve your claim and demonstrate good faith.

3. File Internal Complaints

Under Faragher-Ellerth doctrine, an employer may avoid liability if you never used its reporting channels. Send a dated, written complaint to HR describing the violation and requested remedy. Keep a copy.

4. Submit External Charges

• Visit the EEOC Miami District Office at 100 SE 2nd Street, Suite 1500, Miami, FL 33131, or start an online intake.

• For state claims, contact the FCHR via its online portal or mail: 4075 Esplanade Way, Suite 110, Tallahassee, FL 32399.

• Meet the 300-/365-day deadlines. Missing them will likely bar your claim.

5. Cooperate but Protect Yourself

Respond promptly to agency requests, but consult counsel before any sworn statement. Employers may have legal teams; level the playing field by speaking with a wrongful termination lawyer experienced in North Miami Beach’s job market.

6. Evaluate Settlement Offers

Agencies often facilitate mediation. Settlements should account for back pay, front pay, emotional distress, attorney’s fees, and statutory liquidated damages when available. A lawyer can calculate tax implications and negotiate confidentiality clauses.

When to Seek Legal Help in Florida

Red Flags Signaling You Need Counsel

• You were fired after reporting sexual harassment or unpaid overtime.

• You received a “final warning” right after requesting FMLA leave.

• Your manager says, “We don’t want older workers in customer-facing roles.”

• The company offers a severance agreement with a broad release of claims.

Choosing the Right Attorney

Florida lawyers must be members in good standing with The Florida Bar and, for federal suits, admitted to the U.S. District Court for the Southern District of Florida (covering Miami-Dade). Look for counsel who regularly handles EEOC litigation, FLSA collective actions, and whistleblower retaliation in the hospitality and tech sectors prominent in NMB.

Cost Considerations

Many employment lawyers offer contingency or hybrid agreements. Under FCRA and Title VII, prevailing plaintiffs may recover attorney’s fees, reducing out-of-pocket risk. Always obtain a written fee contract as required by Rule 4-1.5, Rules Regulating The Florida Bar.

Local Resources & Next Steps

Government Agencies Serving North Miami Beach Workers

EEOC Charge Filing Portal Florida Commission on Human Relations U.S. Department of Labor – FLSA Guidance Florida Civil Rights Act (Full Text)

Miami-Dade County Workforce Programs

The CareerSource South Florida center on NE 183rd Street provides reemployment assistance and job training. If you face wrongful termination, these programs can bridge income gaps while a legal claim is pending.

Checklist Before Calling an Attorney

• Collect your personnel file, pay stubs, performance reviews, and any disciplinary memos.

• Create a timeline of events leading to the violation or termination.

• List witnesses with contact information.

• Note filing deadlines on your calendar.

Legal Disclaimer

This guide provides general information for educational purposes only and does not constitute legal advice. Laws change, and the application of law depends on individual facts. For legal advice about your situation, consult a licensed Florida employment attorney.

If you experienced workplace discrimination, wrongful termination, or wage violations, call Louis Law Group at 833-657-4812 for a free case evaluation and employment consultation.