MIAMI, FL – Building a successful wrongful termination case in Florida requires specific evidence showing that an employer’s stated reason for firing was false or that the real reason violated the law. Miami employment attorney Jason D. Berkowitz of BT Law Group, PLLC (https://btattorneys.com/evidence-needed-wrongful-termination-case/) explains what documentation, witness testimony, and records strengthen wrongful termination claims throughout South Florida.
According to Miami employment attorney Jason D. Berkowitz, written communication forms the backbone of most wrongful termination cases. Emails, text messages, performance reviews, termination notices, and company policies can all reveal an employer’s true motivations. The timing between protected activity and termination can be one of the most compelling pieces of evidence, particularly when firing closely follows complaints, leave requests, or other protected acts.
Miami employment attorney Jason D. Berkowitz emphasizes that courts require specific types of evidence to establish that termination was illegal. The burden of proof falls on the employee, meaning workers must show the employer’s stated reason for firing was either false or that the real reason violated the law. Witness testimony can provide powerful evidence that documents alone cannot show, particularly when coworkers observed discriminatory remarks, saw different treatment of employees, or heard conversations about termination.
“If performance reviews were consistently positive until an employee reported harassment, that timeline tells a story,” explains Berkowitz. “An email from a supervisor making discriminatory comments strengthens a claim significantly.”
Different types of wrongful termination claims require different kinds of evidence. Discrimination cases need proof of disparate treatment, retaliation claims depend on timing and causation, and contract cases require documentation of the employer’s breach. For discrimination-based termination, employees need evidence showing they belong to a protected class, were performing their job satisfactorily, suffered an adverse employment action, and that similarly situated employees outside their protected class were treated more favorably.
“Courts use a burden-shifting framework to analyze discrimination claims,” notes Berkowitz. “Once employees establish a prima facie case, the burden shifts to employers to articulate a legitimate, non-discriminatory reason for the termination.”
Berkowitz adds that proving wrongful termination often requires showing an employer’s stated reason was false, known as pretext. Evidence of pretext includes inconsistencies in the employer’s explanation, changes in the stated reason over time, failure to follow company policies, disparate treatment of similarly situated employees, and timing suspicious in relation to protected activity.
Individuals should take specific steps immediately after termination to strengthen potential claims. These include documenting everything about the events leading to termination as soon as possible, requesting written confirmation of the termination reason, preserving all electronic evidence before losing access to work systems, and avoiding signing severance agreements without legal review.
“Before losing access to work email and computer systems, employees should save relevant communications to a personal device,” advises Berkowitz. “Forward important emails to a personal email address and screenshot text messages that support the case.”
Before filing a lawsuit, employees typically must file an administrative complaint with a government agency. For claims based on federal anti-discrimination laws, including Title VII, the ADA, the ADEA, and others, workers must file a charge with the Equal Employment Opportunity Commission before filing a lawsuit. The EEOC Miami District Office handles complaints for workers throughout Miami-Dade County and South Florida. For claims under the Florida Civil Rights Act, employees can file a complaint with the Florida Commission on Human Relations.
For workers throughout Miami, Brickell, Coral Gables, and Miami Beach who believe their termination was unlawful, understanding what evidence courts look for can make the difference between a successful claim and a case that falls apart before reaching court.
About BT Law Group, PLLC:
BT Law Group, PLLC is a Miami-based law firm focused on employment litigation, protecting workers’ rights. Led by attorneys Jason D. Berkowitz and Anisley Tarragona, the firm handles wrongful termination claims based on Title VII, the Florida Civil Rights Act, the ADA, FLSA, and FMLA, as well as employment contract disputes. For consultations, call (305) 507-8506.
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