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Types of Wrongful Termination
Wrongful Termination (Fl)
Wrongful Termination (Fl)
Wrongful Termination (Fl)
What is Florida's Wrongful Termination?
Discrimination - EEOC
Wrongful Termination (Fl)
Wrongful Termination (Fl)
EEOC Types of Discrimination: Race, Color, Age, National Origin, Sex, Religion, Disability, Pregnancy, and Sexual Orientation.
Retaliation
Wrongful Termination (Fl)
Pregnancy Discrimination
Retaliation for complaints of EEOC Discrimination, unpaid wages, or illegal activity.
Pregnancy Discrimination
Hostile Work - Harrasment
Pregnancy Discrimination
Fired due to pregnancy of no pregnancy accommodation at work?
FMLA - Medical Leave
Hostile Work - Harrasment
Hostile Work - Harrasment
Need medical leave for you or a family member for a serious medical condition?
Hostile Work - Harrasment
Hostile Work - Harrasment
Hostile Work - Harrasment
Being harassed due to EEOC discrimination, need for medical leave, injury at work?
Whistleblower
Injury at Work
Injury at Work
Is your boss asking you to break a law and do something illegal? the
Injury at Work
Injury at Work
Injury at Work
Hurt at work, and the company fired you, retaliated against you, or does not want to help?
Other
Injury at Work
Other
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Wrongful Termination Lawyer Serving Miami, FL
What is it?
- Wrongful termination is a violation of the law but is often difficult to prove without the expert advice of a trusted Miami wrongful termination lawyer.
- Termination that occurred on the basis of discrimination, harassment, or illegal retaliation due to complaints about discrimination, unpaid wages, requests for medical leave, workers’ compensation, and/or reporting illegal activity constitutes wrongful termination.
- In most wrongful termination cases based on discrimination, the employee will need to file a formal claim with the Equal Employment Opportunity Commission (EEOC) within months of the termination.
EEOC Process
- The EEOC is the federal government agency responsible for enforcing anti-discrimination laws in the workplace. Legal experts agree that an employment law attorney should file the wrongful termination claim with the EEOC on your behalf.
- Before filing, the attorney will gather evidence that discrimination and/or retaliation ultimately resulted in your wrongful termination.
- Any skilled wrongful termination attorney in Miami or Florida would agree that the strongest claims are backed by compelling evidence such as text messages, emails, witnesses, or showing that the reason for termination is false and an employee was treated differently than those in a similarly situated position.
- Given the nature of your claim, this may be emotionally upsetting; the investigation may require you to recollect traumatic events to maximize the strength of your claim from the start.
- In the meantime, start thinking about your time at work and how others in your same or similar position were treated differently, and why the stated reason for termination is false. State and federal employment laws protect employees who are discriminated against in the workplace.
What Types of Discrimination Does the EEOC Recognize?
- Age
- Color
- Disability
- Equal Pay
- Medical Accommodation Requests
- Medical Condition
- Medical Leave
- National Origin
- Pregnancy
- Race
- Religion
- Sex
What are examples of Workplace Discrimination?
Sometimes discrimination is more subtle, leaving employees blindsided by wrongful termination.
Carefully consider the workplace environment and whether employees in the same or similar roles receive equal treatment.
- Company Policies
- Were company policies equally enforced? For example, Sara and Bill were 35 minutes late to work every morning, but the employer only reprimanded Sara.
- Employee Benefits
- Did the employer offer equal benefits to employees with identical job classifications? For example, John and Lisa started working for a medical supplies company at the same time and had the same job duties, qualifications, and job titles. However, John drove a company car; Lisa was denied one, plus John made an additional $10,000 per year.
- Hiring Process
- Was the employer’s onboarding process the same for employees with identical job classifications? For example, there are two identical job openings at Company A. Equally qualified applicants Drew and Mark pass the interview and are told they’ll be notified by phone about a decision. The next day, Drew, a white man, gets a call; he gets the job. Mark, a black man, also gets a call; he’ll get the job, too, but only if he produces three additional references.
- Rate of Pay
- Were similarly classified employees paid equally? For example, 60-year-old Carl works as a forklift operator and makes $15 an hour. His 25-year-old co-worked Manny also drives a forklift but makes $19 an hour for the same work.
- Termination History
- Did the employer regularly terminate employees from certain minority groups? For example, Company A terminated 20 employees last year--ten men, ten women. Of the 20, though, 15 were Muslim with great performance records.
- Workload Distribution
- Did the employer evenly distribute the workload among employees? For example, Kat, a graphic designer at a boutique agency, announced she was pregnant. Shortly thereafter, her supervisor doubled Kat’s workload.
- Workplace Injury and Benefits Request
- Did the employer treat employees who were injured on the job equally? For example, Matt and Corey were injured on the job. Their employer allowed Matt to work from home but required Corey to work on-site despite having the same back injury.
What Does At-Will Employment Mean?
An overwhelming majority of the American workforce is “at-will,” meaning that employment is presumed to be voluntary and indefinite. In other words, you may quit for any reason, at any time, without warning. It’s also important to realize that an employer has the right to terminate you for almost any reason, at any time, without warning. Thankfully, it is illegal for an employer to terminate you on the basis of discrimination and/or retaliation for complaining about discrimination, workplace injuries, illegal activities, or other protected activities.
What is Discrimination?
The bottom line: discrimination against an applicant and/or employee on the basis of race, color, religion, sex, national origin, disability, or age is illegal. It happens, though. And workplace discrimination manifests in many different ways. Some examples include:
- Racial Discrimination
- For example, a qualified candidate is denied the job solely based on the color of their skin.
- Gender Discrimination
- For example, an inexperienced male employee is promoted over a qualified female candidate.
- Religious Discrimination
- For example, a Jewish employee receives less training than a Christian colleague, limiting their job proficiency and jeopardizing job security.
- Disability Discrimination
- For example, a new, non-vital job duty that prevents employees with disabilities from working.
What is Harassment?
Harassment of any kind is wrong, but only illegal if based on discrimination or protected activity.
Thousands of workers each year report workplace harassment ranging from racial slurs to unwelcome sexual advances. This creates non-productive, hostile work environments.
Some examples of workplace harassment include:
- Unwelcome Comments
- For example, comments about an employee’s physical appearance, including sexually explicit fantasies.
- Racial Slurs and Epithets
- For example, making derogatory comments and using offensive terms with racial undertones and stereotypes.
- Prejudicial Statements about Sexuality
- For example, making offensive comments about an employee’s gender traits.
- Religious Bigotry
- For example, making offensive comments about an employee’s faith and religious beliefs.
- Ageism
- For example, targeting an employee with hostile behavior on the basis of age (over 40).
- Sexual harassment
- For example, spanking an employee’s butt. Quid pro quo is another form of workplace harassment that AN Law Firm, P.A. regularly handles.
- For example, an employee propositioned for a sexual favor in return for job security is a type of quid pro quo. It’s inappropriate and creates a hostile work environment. Think of a quid pro quo as a “favor for a favor” or the equivalent of “you-scratch-my-back-I-scratch-your-back.”
Sexual harassment is abhorrent and unacceptable. It can also be physically and emotionally taxing, which is why AN Law Firm, P.A. empathically supports its clients throughout the legal and emotional process. If you were/are being sexually harassed in the workplace, please talk to us. We want to help.
What Are Some Examples of Wrongful Termination?
These are some of the cases Miami wrongful termination lawyer Alberto Naranjo has personally handled to prove a hostile work environment existed. Names have been changed to protect client confidentiality, but the details of the story remain the same.
- Amy had been working at a busy medical facility for five months when the company’s CEO invited her to dinner. At that dinner, the CEO attempted to kiss Amy on the mouth. Amy rejected the CEO’s unwanted sexual advance and was terminated shortly thereafter. Our investigation uncovered a workplace culture of complicity and exposed a predatory CEO. The company agreed to award a severance package worth more than Amy had earned in her five months of employment. Adam has a rare medical condition that prevents him from spending time outdoors. Long-term sun exposure is detrimental to his health, but he is fully capable of meeting work responsibilities with reasonable accommodation.
- Unfortunately, Adam’s employer denied his request for reasonable accommodation, which led to his unjust termination. Our investigation proved that Adam was, in fact, wrongfully terminated. The court agreed and awarded compensatory damages.
- Mark, a black valet attendant, was often left out of staff meetings and blatantly ignored by his Hispanic/Latino supervisor. That supervisor ultimately terminated Mark with no warning and/or explanation for the decision. An AN Law Firm, P.A. investigation discovered that the supervisor let Hispanic/Latino employees regularly break company policies and procedures without consequence. Alberto was able to recover lost wages for Mark on the basis of racial discrimination.
- Several Central American janitorial workers were terminated after complaining about verbal harassment and ethnic discrimination. Attorney Alberto Naranjo was able to prove the janitors often worked for less money than their colleagues and were targeted for termination by their supervisor. The workers received a generous severance package as a result of our investigation.
- Jen, a black female, was terminated from her job after voicing concerns about her supervisor’s discriminatory behavior. AN Law Firm, P.A. investigators discovered that the supervisor, a white woman, often rewarded Jen’s white colleagues with work-from-home privileges and other benefits not readily available to Jen. Moreover, Jen’s supervisor blatantly refused to give her a raise despite stellar performance reviews and perfect attendance throughout her year-long stint with the hospital. This information, along with the client’s written records of racial discrimination, helped Alberto Naranjo recover Jen’s lost wages.
Protecting Yourself Against Wrongful Termination
The following tips help employees protect themselves against wrongful termination:
- Detailed Records
- Document all discriminatory, harassing, or retaliatory comments made and/or directed about you. Include all related write-ups, performance reviews, and documents, but keep the information private until consulting an attorney. Employment law experts suggest employees keep a personal diary (not on company-owned devices) for these record-keeping purposes.
- Personal Emails
- It may be difficult to recover emails from a former employer’s serves. Use a personal email account whenever you communicate with an employer about discrimination, unpaid wages, medical leave, policy violations, illicit activity, and other matters not directly with your job duties.
- Observe the Workplace
- It’s possible an employer may favor some employees over others, but that’s only illegal if it violates anti-discrimination laws. Pay close attention to how the employer treats employees in similar roles and keep a log of specific examples. Include dates, names, etc.
- Contact an Employment Law Attorney
- Labor laws are complex and, admittedly, not that exciting outside of the profession. Before speaking with HR, speak with an employment law attorney.
Wrongful Termination: The Bottom Line
- Wrongful termination is a violation of the law, plain and simple.
- No employer has the right to terminate your employment on the basis of discrimination. But every case is different.
- If you were wrongfully terminated and are in need of a skilled lawyer, contact Miami’s AN Law Firm, P.A. for a risk-free consultation about your wrongful termination claim.
What is the EEOC?
- The Equal Employment Opportunity Commission (EEOC) is the Federal Government agency in charge of investigating employment law discrimination, harassment, and retaliation in the workplace. Meaning if your claim is based on age, disability, national origin, pregnancy, race, color, religion, sex, or sexual harassment, you will need to go through the EEOC process.
- This process starts by filing a Charge of Discrimination. After which, the EEOC will either try and resolve the claim or will investigate the case. The EEOC attempts to resolve the claims via mediation or via the investigator in charge of the case communicating with the parties.
- The EEOC investigates claims by requesting Positions Statements, Rebuttals, witnesses, and documents, and by even filing lawsuits on behalf of employees.
- The great majority of cases filed with the EEOC will be dismissed after the investigation stage, in which the EEOC issues a Right to Sue Letter allowing the employee to file a lawsuit in court. It is important to have an employment attorney with you during the EEOC process as it may limit an attorney's ability to help if hired after the EEOC investigation.
- If you have filed with the EEOC, have been requested to attend an EEOC mediation, or to provide the EEOC with information, please talk to us. We want to help.
- Contact an employment lawyer that can help with discrimination workplace.
Pregnancy (PDA)
What is Pregnancy Discrimination?
- There were nearly four-million births in the U.S. last year. At least that many women experience pregnancy every year, many of whom are noticeably pregnant at one point or another. In other words, pregnancy is not uncommon. Unfortunately, Neither is Pregnancy Discrimination.
- While modern medicine and science help women work well into their pregnancies, many still experience unfair treatment in the workplace. Pregnant women are often overlooked for job promotions, terminated, and/or retaliated against for taking family leave. Even worse, pregnant job applicants are less likely to land the job than non-pregnant candidates.
- Pregnancy discrimination is emotionally taking and dangerously unhealthy for the mother and unborn child. No woman deserves to be treated this way.
- Pregnant women are often passed up for promotions, denied fringe benefits, and humiliated by their employers simply for being pregnant.
- Consult a Miami pregnancy discrimination lawyer if you feel that your employer is discriminating against you on the basis of pregnancy.
- If you were discriminated against on the basis of pregnancy, please contact us!
- In the meantime, it may be a good idea to familiarize yourself with two important laws that protect against pregnancy discrimination.
What is the Pregnancy Discrimination Act (PDA)?
- The Pregnancy Discrimination Act (PDA) as an amendment to Title VII of the Civil Rights Act of 1964 forbids discrimination on the basis of pregnancy. The PDA covers every aspect of employment, including hiring/interview process, job assignments, benefits, termination, etc.
- The PDA states that women “affected by a pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs.” Personal/medical leave and health insurance are two examples of fringe benefits.
What is the Family and Medical Leave Act (FMLA)?
- The Family and Medical Leave Act of 1993 entitles eligible employees to unpaid, job-protected leave for specific family and medical reasons. The FMLA ensures these employees receive the same group health insurance coverage they would have had if they had not taken leave.
- Under the FMLA, new parents (including foster and adoptive parents) may be eligible for 12 weeks of leave (unpaid or paid) for childcare. Generally, employees are only eligible if they worked for the employer for at least 12 months on a full-time basis and work for an employer with over 50 employees. Speak with a Miami pregnancy discrimination attorney to determine if you’re eligible for FMLA and make sure to request FMLA in writing and to give proper notice that the leave is for a medical condition.
How is Pregnancy Discrimination Committed?
CAN YOU FIRE A PREGNANT EMPLOYEE IN FLORIDA, OR CAN YOU SUE IF YOUR TERMINATED WHILE PREGNANT?
Pregnant employees are just that: employees. As such, employers must treat them equal to their counterparts. Unfortunately, that isn’t always the case in the workplace. Consider the following examples:
- Harassment
- It is unlawful to harass a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth in the workplace. For example, unsolicited comments about a pregnant woman’s physical appearance or hormone levels are forms of harassment.
- Fringe Benefits Package
- Pregnant employees are entitled to equal personal/medical leave and group health insurance. For example, pregnant employees are entitled up to 12-weeks of family leave for the purpose of childcare following the child’s birth.
- Reasonable Accommodation
- Some pregnant employees experience side effects that may afford them additional protection under the Americans with Disabilities Act (ADA). As such, employers must provide pregnant employees with reasonable accommodation(s) necessary to perform the job.
- Nursing Mothers
- Nursing mothers have the right to express milk in the workplace under a provision of the Fair Labor Standards Act. As such, employers may not deny a nursing mother time to express breast milk during work hours.
What Are Some Examples of Pregnancy Discrimination?
These are some of the cases that Miami employment law attorney Alberto Naranjo has personally handled to prove pregnancy discrimination. Names have been changed to protect client confidentiality, but the details of the story remain the same.
- Kristy was working for a janitorial services company when she revealed her pregnancy to management. Shortly after informing them, Kristy says management started reprimanding her for alleged infractions that happened several months before. Combined, the alleged infractions cost Kristy her job; she was terminated. Alberto was able to prove this was clearly an act of pregnancy discrimination and Kristy received compensatory damages. The baby’s doing great, too!
- Sara’s pregnancy was physically and emotionally taxing. Sara lost her job after presenting the employer, with a doctor’s note to “limit heavy lifting” at work. Overwhelmed, Sara hired AN Law Firm, P.A. to relieve some of the mental anguish. In the end, attorney Alberto Naranjo recovered all of her lost wages, plus additional money for the employer-induced traumatic stress.
- Michelle worked several years remotely for a major cosmetics brand, but the company decided to eliminate the virtual position after she became pregnant. The company abruptly terminated Michelle without an offer to work at the company office with the rest of the team.
Protecting Yourself Against Pregnancy Discrimination
The following tips will help employees strengthen their claim of pregnancy discrimination.
- Detailed Records
- Document all discriminatory, harassing, or retaliatory comments made and/or directed about you. Include a list of others present but keep the information private until consulting an attorney. Employment law experts suggest employees keep a personal diary (not on company-owned devices) for these record-keeping purposes.
- Personal Emails
- It may be difficult to recover emails from a former employer’s serves. Use a personal email account to report instances of discrimination to HR.
- Observe the Workplace
- It’s possible an employer may favor some employees over others, but that’s only illegal if it violates anti-discrimination laws. Pay close attention to how the employer treats employees in similar roles who are not pregnant.
- Contact an Employment Law Attorney
- Pregnancy discrimination claims require expert legal advice. Before speaking with your employer, discuss your pregnancy discrimination case with a Miami lawyer.
Pregnancy Discrimination: The Bottom Line
- Labor laws are indescribably nuanced. Without the expert legal advice of an employment law attorney, proving that pregnancy discrimination occurred may be difficult.
- If your employer is discriminating against you on the basis of pregnancy, contact AN Law Firm, P.A. for a risk-free consultation about your unpaid wage claim.