It doesn’t matter how strong your facts are—if you can’t present them properly, they won’t make a difference. In employment law, your complaint is your voice. And when that voice is silenced by sloppy or unclear legal drafting, even the most outrageous employment discrimination or wrongful termination can be swept aside without a second look.
Think of it like The Little Mermaid. Ariel had the truth and the passion—but she gave her voice to the wrong person. Too many employees do the same by choosing the wrong attorney. A bad employment lawyer, like Ursula, may promise quick results but ends up costing you everything—your story, your credibility, and your shot at justice. Ursula stole her voice.
In the courtroom, clarity is power. That’s what nearly cost Yolanda Hernandez her day in court in Hernandez v. CareerSource Palm Beach County, Inc., No. 23-12285, 2025 WL 1541367 (11th Cir. May 30, 2025). Thankfully, the United States Court of Appeals for the Eleventh Circuit gave her a rare second chance—a do-over most employees never get.
That’s why hiring the best employment law attorney isn’t a luxury—it’s essential. A great lawyer doesn’t just know the law—they know how to make the law work for employees, from the very first sentence of your complaint.
What Is A Shotgun Pleading In Employment Law And Why Should Employees Care?
Federal courts require complaints to be organized, clear, and legally structured. A “shotgun pleading” is a legal term for a complaint that jumbles together claims, facts, or legal theories in a confusing mess. It’s like throwing spaghetti at a wall in a disorganized mess and hoping something sticks. Judges hate it, and it can get your case dismissed—even if your claim has merit.
The Eleventh Circuit Court of Appeals held that “an impermissible shotgun pleading ‘fail[s] to one degree or another, and in one way or another, to give the defendants adequate notice of the claims against them and the grounds upon which each claim rests.’” Weiland v. Palm Beach Cnty. Sheriff’s Off., 792 F.3d 1313, 1323 (11th Cir. 2015). If a court cannot determine if the employee is claiming race/color discrimination or national origin discrimination, or is confused if the employee is raising claims of disability discrimination, sexual orientation discrimination, or religious discrimination – it may not try to figure it out and just toss it all out altogether.
In this case, the Court of Appeals held that Hernandez’s complaint was indeed a shotgun pleading because she combined her Title VII of the Civil Rights Act of 1964 gender discrimination claim and her Florida Civil Rights Act claim into one single count. On top of that, it included language suggesting an age discrimination claim—one she didn’t actually intend to pursue. This left the district court frustrated and confused, leading it to dismiss the complaint with prejudice. That means she was barred from refiling or fixing the errors.
The Eleventh Circuit Court of Appeals reversed, calling the trial court’s response an overreaction. Yes, the complaint had issues—serious problems. But they weren’t fatal. The claims were understandable, and the employer clearly knew what was being alleged. In the words of the Eleventh Circuit Court: “dismissal with prejudice was too extreme a penalty for a technical drafting mistake.”
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How Do I Know What Law To Cite To Claim Employment Discrimination And Wrongful Termination?
Here’s where having the best employment lawyer truly matters. The trial court dismissed Hernandez’s case not only because of how her claims were written, but also because it wrongly applied the McDonnell Douglas burden-shifting test—a legal framework for evaluating discrimination—at the pleading stage. That was a major mistake.
At the motion to dismiss stage, courts should not be weighing evidence or demanding proof. They should only be asking: did the employee plead enough facts to suggest discrimination is plausible? That’s it. As the Eleventh Circuit clarified, “a well-pleaded complaint may proceed even if it strikes a savvy judge that actual proof of those facts is improbable.”
If Hernandez’s attorney had flagged this legal standard early, this case might not have been dismissed in the first place. A good employment law lawyer knows when and how the McDonnell Douglas test applies—and just as importantly, when it doesn’t. The difference between winning and losing your wrongful termination claim can come down to having a lawyer who knows the rules of the game and how to use them.
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Do You Need Specific Comparators In A Gender Discrimination Lawsuit To Survive Dismissal?
Hernandez included examples of two male coworkers who were not disciplined for inappropriate workplace relationships, while she was allegedly fired over a rumor. One male Vice President was caught having sex with a subordinate in a conference room and faced no discipline. Another, a Chief Operating Officer, was rumored to be involved with a subordinate he later married—again, no consequences. Meanwhile, Hernandez was fired for a rumor. The trial court rejected these comparators, arguing they weren’t similar enough. But that’s not how the law works at the pleading stage.
The Eleventh Circuit held that at this early phase, “plausibility is not probability.” In other words, you don’t need to prove your case—you just need to show that the claim makes sense and deserves to move forward. Whether the comparators are truly valid is a question for later, not a reason to dismiss the case entirely. The Eleventh Circuit Court ruled: “it is error for a district court to apply the McDonnell Douglas standard at the motion to dismiss stage.”
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How Can Choosing the Right Employment Lawyer Protect You From Losing Your Case Early?
When you are dealing with wrongful termination or employment discrimination, the stakes could not be higher. One poorly worded paragraph could sink your entire claim. A single misplaced legal reference might persuade a judge to dismiss your complaint before you even have a chance to speak. In employment law, your complaint is your voice—and if you hand it over to the wrong lawyer, you may lose it forever.
Like Ariel in The Little Mermaid, who handed over her voice and nearly lost her future, many employees lose their chance at justice by putting their trust in the wrong attorney. Even strong employment law claims—whether for gender discrimination, retaliation, or wrongful termination—can be silenced before they start if your lawyer does not know how to present them properly. Choosing the right legal voice matters. But when Ariel got her voice back, everything changed—she got to tell her story, reclaim her power, and yes, find her happily ever after. The same can happen for employees who choose the right legal advocate. With a skilled employment lawyer, your voice is not just restored—it is amplified in the courtroom, where it counts most.
That is why you need the best employment attorney. At Spitz, The Employee’s Law Firm, we do not just understand the law—we know how to make it work for employees. We have taken on major employers, tried complex cases, and fought to make sure our clients are truly heard. We offer free consultations, and you never pay unless we win. If you were wrongfully fired, discriminated against, or retaliated against, let us help you find your voice again—and use it effectively.
Employment Lawyer Disclaimer:
This employment law blog provides general information and should not be taken as legal advice. If you believe you have been wrongfully fired or subjected to discrimination, retaliation, or another form of unlawful treatment, consult with a qualified employment lawyer. No attorney-client relationship is formed by reading this post. This is a legal advertisement.