MIAMI, FL – November 3, 2026 – Employees in Florida who lose their jobs after an illness, a medical leave, or an accommodation request often wonder whether their termination was lawful. Miami wrongful termination attorney Anisley Tarragona of BT Law Group, PLLC has released a guide (https://btattorneys.com/can-you-get-fired-for-being-sick/) explaining when an illness-related firing may violate the law and what options employees have after losing their jobs. The article addresses how federal and state protections can limit an employer’s ability to terminate a sick worker even in an at-will state.

As Miami wrongful termination attorney Anisley Tarragona explains, Florida is an at-will employment state, which means an employer can generally terminate an employee for almost any reason, including illness-related absences, as long as the termination does not violate the law. “At-will employment does not give employers unlimited power,” says Berkowitz. “The Family and Medical Leave Act, the Americans with Disabilities Act, and the Florida Civil Rights Act can all protect a worker whose absence or condition qualifies.”

According to the guide, the Family and Medical Leave Act provides eligible employees with up to 12 weeks of unpaid, job-protected leave during a 12-month period for a qualifying serious health condition. Miami wrongful termination attorney Anisley Tarragona notes that eligibility generally requires working for a covered employer for at least 12 months, completing at least 1,250 hours during that period, and working at a site where the employer has at least 50 employees within 75 miles. An employer cannot terminate a worker for taking qualifying FMLA leave and must restore the employee to the same or an equivalent position, subject to limited exceptions.

The article also outlines protections under the Americans with Disabilities Act, which applies to employers with 15 or more employees. Berkowitz points out that a condition can qualify as a disability when it substantially limits one or more major life activities, and that even an impairment lasting fewer than six months may qualify. “When an accommodation is needed, the employer and employee are expected to work through an interactive process to find an effective option,” Berkowitz explains. “An employer must provide reasonable accommodation unless doing so would create an undue hardship.”

Florida law offers additional protection through the Florida Civil Rights Act, Fla. Stat. § 760.10, which prohibits employment discrimination based on handicap. Employees can pursue state-law claims through the Florida Commission on Human Relations. The guide also notes that Florida does not require private employers to provide paid or unpaid sick leave, so such benefits typically come from an employer’s policy or an enforceable employment agreement, neither of which automatically shields a worker from termination.

Attorney Berkowitz emphasizes that medical documentation does not by itself guarantee job protection. A doctor’s note can be important when certifying a serious health condition under the FMLA, requesting a reasonable accommodation, or satisfying an employer’s attendance policy, but its legal significance depends on whether the underlying absence was protected. The firm advises employees who are fired after using approved sick time to preserve leave requests, time-off approvals, medical records, disciplinary notices, and communications with supervisors or human resources.

The guide also highlights important filing deadlines. Berkowitz observes that an ADA discrimination or retaliation charge generally must be filed with the EEOC within 300 days of the alleged violation, while a Florida Civil Rights Act complaint must be filed within 365 days. FMLA lawsuits carry a separate deadline of two years from the alleged violation, extended to three years for a willful violation. “Deadlines in employment cases can be short,” Berkowitz adds. “Acting promptly helps preserve a person’s options.”

The BT Law Group team, including wrongful termination attorney Anisley Tarragona, represents employees throughout Miami-Dade County and South Florida in claims involving FMLA interference, failure to accommodate, disability discrimination, retaliation, and wrongful termination. Both attorneys previously represented employers at national labor and employment firms, giving them insight into how companies approach workplace disputes. The firm litigates and tries cases in state and federal court, before administrative agencies, and in arbitration.

For those who were fired after calling in sick, requesting medical leave, or seeking an accommodation, consulting a Miami wrongful termination lawyer may help clarify whether an employer complied with applicable employment laws and what remedies may be available.

About BT Law Group, PLLC:

BT Law Group, PLLC is a Miami-based labor and employment law firm that represents employees in wrongful termination, discrimination, retaliation, failure to accommodate, harassment, and wage and hour matters. Founded by attorneys Jason D. Berkowitz and Anisley Tarragona, the firm serves clients throughout Miami-Dade County and South Florida in state and federal court. For a confidential case evaluation, call (305) 507-8506.

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