Review the Facts Before You Fire an Employee in Miami

An attorney review before firing an employee is a legal check of a planned termination before the employer acts on it. KEW Legal reviews the stated reason, the paper trail, and the timing so Miami-Dade and Broward employers can decide with the facts in front of them.

What a Pre-Termination Review Is and Who It Is For

A pre-termination review is an attorney’s examination of a proposed firing before the employer tells the employee anything. It’s most useful while the decision is still open, not after a complaint or lawsuit has started.

It suits owners, managers, and HR leads who are weighing whether to end someone’s employment. The firm’s offices are in Coral Gables and Sunny Isles Beach, and its work covers Miami-Dade and Broward County.

Kristina E. Wilson is the responsible lawyer for this page. The firm acts as outside general counsel for business owners and investors, so employment questions often sit next to contracts, leases, and ownership issues.

A sound reason can still look weak on paper. A review shows where the paperwork and the decision don’t line up, while there’s still time to fix the record.

What the Review Covers

The review covers the stated reason, the written record, comparable treatment, governing agreements, timing, and final pay. Florida is generally an at-will state. An at-will employee may be fired at any time, but not for a reason the law prohibits, such as retaliation or unlawful discrimination (Laguerre v. Palm Beach Newspapers).

• The stated reason. The attorney checks whether the written record supports it. Reviews, write-ups, and emails should agree with each other and with the decision.
• Comparable employees. A decision that departs from how others were treated invites questions. The review compares them side by side.
• Contracts and handbooks. Offer letters, employment agreements, and handbook policies can matter. A handbook usually doesn’t create contract rights unless it says so clearly (Quaker Oats Co. v. Jewell).
• Arbitration clauses. A written agreement to arbitrate is generally enforceable under Fla. Stat. § 682.02, so it can shape where a dispute goes.
• Timing. A firing close to a complaint, a leave request, or a pay question deserves a closer look. Florida’s Whistle-Blower’s Act protects employees who object to or refuse to take part in a practice that violates a law (Fla. Stat. § 448.102).
• Discrimination. Under Fla. Stat. § 760.10, it’s unlawful for an employer to discharge someone because of race, sex, age, handicap, marital status, and other listed traits.
• Final pay and separation paperwork. Final wages, accrued benefits, and separation documents need correct handling.

How the Process Works, Step by Step

The engagement runs in five steps, from the first conversation through support on the termination itself. Timing depends on how quickly the employer gathers its records.

1. Intake. The first contact is by phone at 305-990-2300 or through the contact form. A confidential conversation covers the employee and the decision.
2. Records. The employer sends the personnel file, policies, agreements, and relevant emails or messages.
3. Analysis. The attorney reviews the file for gaps, conflicts, and timing problems before any meeting takes place.
4. Summary. The attorney explains the risks and options, including whether to proceed, wait, or fix the documentation first. The employer makes the final call.
5. Termination support. The firm helps plan the meeting and prepare separation documents and final pay steps.

The review works best when the employer shares the full file. That includes documents that support the decision, not only those that raise questions. The attorney gives an expected timeline after the first look at the file, once it’s clear which records are missing.

Warning Signs That a Termination Needs Review First

A termination should get a review first when it follows a complaint, a leave request, a contract issue, or a messy file. Each sign is a reason to slow down, not a finding of wrongdoing.

• The employee recently complained about pay, overtime, safety, discrimination, or harassment.
• The employee recently asked for leave, disclosed a medical condition, or returned from leave.
• Florida’s domestic violence and sexual violence leave rule applies to employers with 50 or more employees. Under Florida law, an employer with 50 or more employees must permit an employee who has been employed by that employer for 3 or more months to request and take up to 3 working days of leave from work in any 12-month period if the employee or a family or household member of the employee is a victim of domestic violence or sexual violence. This leave may be with or without pay, at the discretion of the employer. The employer may not discharge, demote, suspend, or otherwise discriminate against the employee for exercising those rights.
• An employee who made a valid workers’ compensation claim can’t be discharged or intimidated because of it (Fla. Stat. § 440.205).
• The employee has a contract, a commission plan, or an arbitration clause.
• Discipline was never written down, or the reviews conflict.
• Others who did similar things kept their jobs.
• A manager made comments that could be tied to a protected trait.

Florida courts look closely at the reason behind the action. Under § 448.103, an employee generally has 2 years after discovering a retaliatory action, or 4 years after it was taken, whichever is earlier, to sue.

Why Work With KEW Legal on Employer-Side Terminations

KEW Legal focuses its practice on business law for owners and investors, and it handles employment questions for employers as part of that work. The review sits inside an outside general counsel relationship, so the attorney can look at the whole business, not just one file.

• Business context. The firm also handles partnership disputes, vendor and contract matters, commercial leases, and succession planning. An employment question often touches several of these at once.
• Employer side. The review is built around protecting the business’s position. The firm represents employers in this work.
• Offices. The firm has offices in Coral Gables and Sunny Isles Beach, and its work covers Miami-Dade and Broward employers.
• Lawyers. Kristina E. Wilson is the responsible lawyer for this page. Natalie Martinez is also one of the firm’s lawyers.

Common Questions About Pre-Termination Review

Talk to Kristina E. Wilson Before the Termination Meeting

If a manager or owner has one employee in mind and must decide this week, the sensible next step is a file review before anyone is told. Send a message through the contact form or call 305-990-2300. The firm will set up a confidential consultation to go through the documents, the timing, and the options before the termination meeting.