How a Miami Employment Law Attorney Can Help You
Miami’s workforce spans finance, healthcare, hospitality, international trade, technology, cruise and maritime, construction, and the service industry. In the vast hospitality sector around Miami Beach and Wynwood, for instance, we often see disputes involving unlawful tip pooling and wage theft. Employers throughout Miami-Dade County—large and small—must comply with state and federal employment laws. When they don’t, workers often pay the price.
A Miami employment discrimination lawyer can help evaluate your claim under the Florida Civil Rights Act and the local protections offered by the Miami-Dade County Human Rights Ordinance, which covers employers with as few as five employees.
Employees reach out to our firm when a difficult situation becomes illegal. You may need an employment lawyer if you experienced:
Sexual Harassment in Miami, FL
Sexual harassment can disrupt your career, dignity, and well-being. No employee should face unwanted comments, explicit messages, sexual pressure, or any physical contact at work. Harassment becomes illegal when the conduct is severe or pervasive, or when it comes from someone with authority. Many employees also experience retaliation after rejecting advances or reporting misconduct. Your story matters, and the details of your experience can strengthen your claim. We help employees in Miami understand their rights, gather evidence, and pursue accountability. If you faced harassment at work, share your story and request your free case review today.
Employment Discrimination in Miami, FL
Employment discrimination occurs when you are punished more harshly than others because of your race, sex, age, disability, pregnancy, or national origin. If you were fired or suspended without pay for an alleged violation, but an employee outside your protected class committed the same violation and was not disciplined, that difference in treatment may be illegal disparate treatment. A Miami employment discrimination lawyer can help evaluate your claim under both the Florida Civil Rights Act and the local protections offered by the Miami-Dade County Human Rights Ordinance.
Wrongful Termination in Miami, FL
Losing your job can be devastating, especially when the decision violates the law. Florida allows at-will employment, but employers cannot fire you for unlawful reasons. Many employees face termination after reporting discrimination, requesting medical accommodations, taking protected leave, or participating in an HR investigation. These situations often point to retaliation, especially when the timing is close. Your story matters, and the details surrounding your termination can reveal legal violations. We help Miami employees understand their rights, analyze timelines, and pursue accountability. If you believe your firing was unlawful, share your story and request your free case review today.
Retaliation and Whistleblower Claims in Miami, FL
It is illegal for your employer to punish you for engaging in a protected activity—such as reporting discrimination, filing a wage complaint, participating in an EEOC investigation, or taking FMLA leave. The Florida Private Whistleblower Act (Florida Statute § 448.102) also protects Miami employees who report violations of law, rule, or regulation to a government agency. If you were fired, demoted, or had your hours cut after speaking up, you may have a retaliation claim. Kaplan Employment Law can evaluate your situation and determine the strongest path forward.
Wage & Tip Theft in Miami, FL
Wage violations are widespread in Miami’s restaurant, hospitality, and service industries. Employers often use illegal practices such as unpaid overtime, off-the-clock work, improper deductions, or unlawful tip pools. You may also have a claim if a manager kept tips, forced tip sharing with non-tipped workers, or required unpaid pre-shift or post-shift work. These practices violate the FLSA and Florida wage laws. The Miami-Dade County Wage Theft Ordinance provides additional protections and allows recovery of liquidated and treble damages. A Miami wage theft attorney can review your pay records and pursue the compensation you are owed.
Severance Agreements in Miami, FL
Severance agreements are not guaranteed, and employers offer them for their own protection. When a severance package appears, you deserve clear guidance and strong advocacy. We help high-income earners, employees with longstanding service, and workers with excellent performance records. We also assist when a termination is unrelated to layoffs or restructuring. Our goal is to review the offer, explain your rights, and negotiate stronger terms. Before signing any severance agreement, share your story with us and request a free case review.
Do I Have an Employment Case in Miami?
Determining whether you have a viable employment case depends on the facts, the severity of the misconduct, and whether your employer’s actions violated federal, state, or Miami-Dade County Human Rights Ordinance protections. Many workers are unsure whether their experience was illegal or simply unfair. Submitting your information for an attorney case review can help you understand where your situation falls.
You may have an employment case in Miami if you experienced:
- Harassment or discrimination based on a protected characteristic, such as race, sex, disability, age, pregnancy, sexual orientation, gender identity, or national origin
- Retaliation for reporting illegal conduct, safety violations, sexual harassment, or wage issues
- An unexplained firing that appears connected to a protected activity
- Unpaid wages, denied overtime, withheld tips, or improper deductions
- A hostile work environment based on a protected class that is severe or pervasive enough to affect your ability to work
- Retaliation for requesting a disability accommodation or FMLA leave
- Retaliation for filing a workers’ compensation claim
- Whistleblower retaliation after reporting your employer’s illegal activity to a government agency
- A severance agreement that does not reflect your years of service or includes overly broad restrictions
Miami employers must comply with Title VII, the ADA, the FMLA, the FLSA, the Florida Civil Rights Act, the Florida Whistleblower Act, and the Miami-Dade County Human Rights Ordinance. If they failed to do so, you may have grounds for a claim. Submit your information for a case review with Kaplan Employment Law to help you understand your options.
What Is the Employment Lawsuit Process in Miami?
When you begin a case with a Miami employment lawyer, your legal team follows a structured approach that reflects Florida law and Miami-Dade County procedures. While every case is unique, most Miami employment matters progress through these steps:
Initial Free Case Review
The first step is to submit your information for a free case review. Attorney Kaplan reviews your information and determines whether you may have a case.
Evidence Gathering
Your lawyer collects materials that help show what happened at your workplace. This can include schedules from a job in Downtown Miami or Brickell, emails sent through your employer’s system, witness statements from coworkers, text messages, or pay records. The goal is to establish a full picture of your experience.
Filing an Administrative Complaint When Necessary
For discrimination, harassment, or retaliation claims, Florida and federal law require filing an administrative charge before going to court. Your attorney prepares this filing through the EEOC’s Miami District Office, the Florida Commission on Human Relations, or the Miami-Dade County Commission on Human Rights. They handle all agency communication and ensure every deadline for Miami-Dade County employees is met.
Investigation and Mediation
The agency may investigate your claim or suggest mediation. Many Miami workers resolve disputes during early mediation sessions, often held virtually or through state-provided mediators. Your attorney represents you during these discussions and advises you on any settlement offers.
Right-to-Sue Letter and Filing in Court
If the case cannot be resolved at the agency level, your attorney obtains a Right-to-Sue notice. At this point, the lawsuit is typically filed in the Miami-Dade County Circuit Court or in the U.S. District Court for the Southern District of Florida, depending on whether your claims arise under state or federal law.
Discovery Phase
Both sides exchange information. This may involve gathering employment records from Miami-based businesses, taking depositions, and reviewing internal policies that your employer used. Your attorney prepares you for your deposition so you feel confident and supported.
Negotiation and Settlement Efforts
Many employment disputes in Miami resolve before trial. Your attorney negotiates with the employer’s legal team to pursue compensation for your losses. All settlement discussions are reviewed with you, and you decide whether to accept or continue forward.
Trial Preparation and Court Proceedings
If your employer refuses to offer a fair resolution, the case moves toward trial. Your attorney prepares your evidence, organizes your testimony, and presents your case before a judge or jury in Miami-Dade County. Throughout this process, your lawyer keeps you informed about what to expect and what the next steps will be.
Employment Law Deadlines and Statutes of Limitations in Miami
Time limits for employment claims vary depending on the law involved. Missing a filing deadline can permanently bar your claim:
- Title VII / ADA / ADEA (EEOC): 300 days from the date of the adverse action.
- Florida Civil Rights Act (FCHR): 365 days from the date of the alleged violation.
- Miami-Dade County Human Rights Ordinance: 365 days to file with the Miami-Dade Commission on Human Rights.
- FLSA Wage Claims: 2 years (3 years for willful violations).
- FMLA Claims: 2 years (3 years for willful violations).
- Florida Whistleblower Act: 180 days to file a written complaint with the appropriate agency.
- Workers’ Compensation Retaliation: File as soon as possible; Florida courts have not set a uniform deadline.
Do not wait. Contact a Miami employment lawyer at Kaplan Employment Law immediately to protect your filing deadlines.
What Damages Can I Pursue for an Employment Case in Miami, FL?
Your available damages depend on the type of violation and its impact on your life. Miami employees often suffer financial, emotional, and professional losses after unlawful conduct. Compensation in a Miami employment law case may include:
- Back pay for lost wages
- Front pay for future lost earnings
- Lost benefits, bonuses, or retirement contributions
- Compensation for emotional distress, anxiety, or humiliation
- Reinstatement to your former position in some cases
- Payment for unpaid overtime, minimum wage violations, or withheld tips
- Liquidated damages (double damages) under the FLSA or Miami-Dade Wage Theft Ordinance
- Punitive damages in cases involving especially reckless or intentional misconduct
- Attorney’s fees and legal costs
Each case is different. A Miami employment lawyer can calculate your damages based on the facts of your case, the strength of your evidence, and the types of losses you have experienced.
