Losing your job while caring for a newborn is incredibly stressful, but it might also be a violation of your legal rights if the decision was motivated by your pregnancy or leave. Employers in Florida generally have the authority to terminate staff for legitimate, non-discriminatory reasons, but they cannot legally target you due to your protected status or your time away from work.
Actions to Protect Your Rights
- Record your personal timeline. Start immediately by writing a detailed account of your employment history leading up to the firing. Focus on dates when you informed your manager about the pregnancy, your leave start date, and the specific day you were let go. This chronological record helps you identify suspicious patterns, such as negative feedback appearing suddenly after you shared your news.
- Gather your employment records. Collect copies of performance evaluations, commendations, or emails that demonstrate your work quality before your leave. If you have access to internal memos or staffing announcements that show how other staff members were treated during similar periods, preserve those items as well. Do not take confidential files that you are not authorized to handle, but do save the documents that belong to you or that you have already received.
- Demand a written explanation. Ask your former manager or human resources department to provide a formal, written statement regarding why your job ended. Having this reason on paper is vital because it establishes the employer’s stated justification, which you can later compare against the actual facts of your situation to spot inconsistencies.
- List potential witnesses. Write down the names of any colleagues who might have knowledge about your employment, such as those who heard comments about your pregnancy or who witnessed how other employees were treated. These individuals may provide evidence to support your version of events if you decide to move forward with a claim.
- Analyze any severance offer. If your employer presents you with a severance package, read the terms with extreme care. These agreements often require you to waive your right to pursue legal action against the company in exchange for payment, meaning you could lose your ability to challenge an unlawful termination if you sign.
- Understand your legal protections. Recognize that different statutes offer various shields depending on your employer's size and your specific circumstances. For example, federal rules like the FMLA might apply if you meet certain criteria, while other laws like the Pregnancy Discrimination Act or state statutes might cover you even if you do not qualify for FMLA.
- Identify the required administrative process. Determine whether your potential claim requires you to file an official charge with a government agency before you can file a lawsuit. Many discrimination claims under federal or state law must go through the Equal Employment Opportunity Commission or the Florida Commission on Human Relations first, unlike FMLA retaliation or interference claims which may go directly to court.
- Track mandatory filing deadlines. Be mindful that the window to file a charge is limited and missing these dates can permanently bar you from seeking a remedy. In Florida, you typically have 300 days for an EEOC charge or 365 days for an FCHR complaint, so acting promptly is necessary to preserve your right to seek compensation like back pay or other damages.
For the full detail, including the exceptions, read the original article from our Miami discrimination attorneys.
Watch on YouTube: Fired on Maternity Leave? Here's What an Attorney Looks For
About the firm
BT Law Group, PLLC was founded by Jason D. Berkowitz and Anisley Tarragona, who both practiced in the Miami office of a national labor and employment law firm representing management exclusively before launching it. Both are University of Miami School of Law graduates admitted in Florida, the U.S. District Courts for the Southern, Middle, and Northern Districts of Florida, and the U.S. Court of Appeals for the Eleventh Circuit.
Visit our Miami office
BT Law Group, PLLC, 3050 Biscayne Blvd Suite 205, Miami, FL 33137. Call (305) 507-8506 to schedule a consultation.
Also on this blog: Handling a Denied FMLA Leave Request and Understanding Unpaid Commissions and Bonuses in Florida.
Related reading: Miami discrimination lawyer.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.
