Florida Wrongful Termination Lawyer

At Kaplan Employment Law, we understand the profound impact that wrongful termination can have on your career, livelihood, and personal well-being. Attorney Brett Daniel Kaplan, Esq. is dedicated to fighting for justice and protecting the rights of individuals who have been wrongfully terminated.

Below you will find a comprehensive explanation of what you need to know about wrongful termination and why you should hire an experienced Florida wrongful termination lawyer like Kaplan Employment Law. Understanding whether you have a case of wrongful termination is complex. We are here to help. 

If you believe you have faced wrongful termination and are looking for expert legal representation, look no further. Schedule a free case review with us today. 

Understanding What Wrongful Termination Is

To claim wrongful termination, the employee must prove the employer fired them for a discriminatory, retaliatory, other unlawful reason.

The employee has the burden to put forth evidence that their termination was wrongful and that the employer terminated the employee because of their protected class status or because the employee engaged in protected activity. 

Underlying any wrongful termination claim is the at-will doctrine of employment. At-will employment means an employee can quit at any time (no need to give two weeks notice, although recommended) and the employer can fire the employee at anytime for any reason, or no reason at all. The only exception to the at-will doctrine is if the employer terminates the employee because of a retaliatory, discriminatory, or otherwise unlawful reason. 

The best way to understand what wrongful termination is actually begins with understanding what wrongful termination is not. 

A wrongful termination does not occur if:

• Employee is accused of a violation even if it's untrue or the employer is making it up as an excuse to fire the employee. ❌
• Supervisor "has it out" for the employee and is looking for a reason to fire the employee and finally does. ❌
• Terminated after employee H.R. complaint of a bullying, screaming, supervisor. ❌
• Terminated after complaining about not getting a raise or bonus the employer promised. ❌

Each of the above examples are unfortunate, but not unlawful. The at-will doctrine allows the employer to lawfully terminate the employee in each of these scenarios because the termination is not motivated by an impermissible retaliatory, discriminatory, or otherwise unlawful reason.

Wrongful Termination Based on Retaliation

Wrongful termination based on retaliation is the most popular form of wrongful termination. To prove wrongful termination based on a retaliatory reason, the employee must show their employer terminated the employee because the employee engaged in protected activity.

A wrongful termination claim on a retaliatory basis may occur if:

✅ An employee is fired because the employee complained about sexual harassment. 

✅ An employer fires an employee because the employee requested a reasonable disability accommodation. 

✅ Employee terminated after reporting, inquiring, or filing a workers' compensation claim. 

✅ Employee is fired after complaining that employees outside of their protected class are being treated better. 

✅ Employee is fired after and because the employee complained they were not being paid the minimum wage. 

Each of these claims may plausibly create a prima facie case of wrongful termination based on a retaliation theory. Afterwards, the employer will have the opportunity to raise a legitimate nonretaliatory reason for making the termination. In turn, the employee will have the burden to show why the employers reason is a pretext for the true reason, retaliation.

Wrongful Termination Based on Discrimination

To prove wrongful termination based on a discriminatory reason, the employee must prove their employer fired them because of the employee's protected class. This means the employee must provide evidence that the reason they were fired was because of their protected class membership.

✅ A 40 year old plus employee is fired because the employer tells the employee they are too old. 

✅ An employer fires an employee because of the employee's gender. 

✅ An employee is fired because the employer does not like people of the employee's national origin. 

The Employer's Defense to Wrongful Termination

If the employee can show one of the above possible wrongful termination claims, the employer will have the opportunity to show that the termination was not based on the above, but instead based on a legitimate, nondiscriminatory or nonretaliatory basis. For example, the employer may rebut an employee's showing of wrongful termination by putting forth one of the following:

• Employee was fired for poor performance.
• Employee was fired because of attendance.
• Employee was fired due to business decisions. 

During employment litigation, the employer has a very low hurdle to place one of the following legitimate reasons forth for making the termination.

Employee Has the Burden to Prove Wrongful Termination

However, after the employer places forth a legitimate nondiscriminatory or nonretaliatory reason for the termination, the employee is required to show why that reason is pretextual (meaning an excuse) and that the real reason for the termination was actually because of the employee's protected class or because the employee engaged in protected activity.

Generally, the employee may show pretext by producing evidence that (1) the employer's proffered reason is false, and (2) the unlawful retaliation was the employer's true motive. 

According to a recent case, "[t]he plaintiff cannot merely make conclusory allegations and assertions but must present concrete evidence in the form of specific facts showing that the employer's reason for the materially adverse action was merely pretextual." Chandler v. Sheriff, Walton Cty., No. 22-13698, 2023 U.S. App. LEXIS 29505, at *15 (11th Cir. Nov. 6, 2023). This means the employee must show that the employer's belief was not made in good faith but was instead a reason to make an excuse for terminating the employee because of their protected class or because of they engaged in protected activity. 

Why Choose Kaplan Employment Law For Your Wrongful Termination Claim

1️⃣ Employment Law Expertise: Kaplan Employment Law is dedicated solely to employment law cases, with a particular focus on wrongful termination. Our firm is committed to this legal area, ensuring expert representation in wrongful termination disputes.

2️⃣ Vigorous Advocacy: At Kaplan Employment Law, we specialize in managing wrongful termination claims against some of the most formidable corporations globally, including household names like Walmart, Disney, Costco, and T-Mobile. Our track record includes vigorously contending with top-tier employment defense firms. Our approach is deeply personal — we engage with each case with the same dedication and fervor as if we ourselves were the individuals wronged.

3️⃣ Proven Track Record: Kaplan Employment Law has never had a case dismissed from the court. Every case we take on we commit to fully, preparing meticulously and advocating passionately. We understand the stakes are high for our clients, and we strive to uphold their rights and achieve the best possible outcomes.

4️⃣ Client-Centered Focus: Our 5.0 star client-reviews speak for themselves. We put our clients first. Experiencing wrongful termination can be emotionally challenging. The legal process of litigating a wrongful termination claim also provides its own challenges to the employee. We are here for you. While no substitute for psychiatric counseling, Kaplan Employment Law offers its clients guidance, reassurance, and a clear understanding of employment law rights, reducing stress and providing peace of mind.