Florida Workplace Retaliation Lawyer
Representing Employees Dealing With Employer Retaliation in the Workplace
Under Florida law, it’s illegal for an employer to retaliate against an employee for engaging in protected activities, such as reporting discrimination or filing a complaint about unsafe working conditions. If you’ve experienced workplace retaliation, it is important to contact an experienced Florida employer retaliation lawyer as soon as possible.
At Yormak Employment & Disability Law in Florida, we can help. We have a deep understanding of the complexities of Florida employment law and will fight vigorously to protect your interests. We can help protect your rights and ensure that your employer is held accountable for any retaliation.
Contact us for a confidential consultation to discuss your case and learn about how we can help protect your workplace rights. Our team is here to provide the legal guidance you need during this difficult time. Don’t wait – call us today!
What is Workplace Retaliation?
Workplace retaliation occurs when an employer takes adverse action against an employee because they engaged in a protected activity. Examples of retaliatory actions may include demotion, suspension, termination, refusal to hire or promote, or any other type of action that could harm the employee’s career or job security. Retaliation can also take the form of threatening, intimidating, or otherwise harassing an employee in order to discourage them from filing a complaint. It is important to note that employers cannot retaliate against employees for taking action that is protected by law.
Examples of Workplace Retaliation
Workplace retaliation can take many forms, but here are some of the most common ways employees are retaliated against:
- Termination or dismissal from employment
- Demotion or reduction in job responsibilities
- Suspension or unpaid leave
- Decreased pay or benefits
- Being passed over for promotions or raises
- Being assigned undesirable or demeaning tasks
- Being ignored or excluded from meetings and activities
- Being given poor performance evaluations or reviews
- Being subjected to increased scrutiny or monitoring
- Being falsely accused of misconduct or poor performance
- Being subjected to verbal or physical abuse or harassment
- Being transferred to a different location or department
- Being subjected to increased workload or unreasonable deadlines
- Being subjected to unfair or discriminatory treatment
- Being subjected to retaliatory disciplinary action
- Being denied training or development opportunities
If any of these have happened to you after you’ve engaged in a protected activity, you may be a victim of workplace retaliation and should contact an employment law attorney.
Examples of Protected Activities
In Florida, there are several types of activities that are considered protected and for which an employer may not retaliate against an employee. Some examples include:
Reporting Discrimination or Harassment in the Workplace
If an employee believes that they have been discriminated against, harassed, or subjected to any other form of illegal behavior while at work, they can file a complaint without fear of retribution from their employer. This includes reporting discrimination related to age, race, gender, religion, disability, or any other protected category.
Reporting or Complaining About Unsafe Work Conditions
Employees in Florida have a right to report unsafe conditions in the workplace, such as hazardous materials or improper safety protocols.
Reporting or Complaining About Wage and Hour Violations
Employees also have the right to file a complaint if they believe their employer has violated any wage and hour regulations. This may include reporting unpaid wages or overtime violations.
Reporting or Refusing to Participate in a Violation of State Laws, Federal Laws, or Regulations
Employees cannot be retaliated against if they report or refuse to participate in an illegal activity that their employer is involved in.
Requesting Accommodation for a Disability or Religious Belief
According to the Americans with Disabilities Act and Title VII of the Civil Rights Act, employers are required to provide reasonable accommodations for employees with disabilities or those who need accommodations due to their religious beliefs and are prohibited from retaliating against employees requesting such accommodations.
Joining or Supporting a Labor Union
Employers are not allowed to retaliate against an employee for joining or supporting a labor union.
Participating in a Workers’ Compensation Claim
In Florida, it is illegal for employers to retaliate against an employee who has filed a workers’ compensation claim.
Taking Leave Under The Family and Medical Leave Act (FMLA)
The FMLA provides employees with the right to take unpaid leave for certain qualifying reasons. Employers are prohibited from retaliating against an employee who has taken FMLA leave they are entitled to.
Exercising Rights Under the Americans with Disabilities Act (ADA)
Under the ADA, employees are protected from discrimination and retaliation in the workplace due to their disability. This includes exercising any rights or privileges afforded by the ADA.
Filing a Complaint or Participating in an Investigation Related to Whistleblower Protections
The Florida Whistleblower Act and other federal laws provide employees with certain protections from retaliation if they make a report or participate in an investigation related to employer misconduct.
Reporting or Complaining About Retaliation for Engaging in Protected Activities
It is important to remember that any retaliatory action taken against an employee for engaging in a protected activity is itself illegal and can be reported without fear of further retaliation. It’s also important to note that employers are prohibited from retaliating even if the original claim is later dismissed.
Next Steps If You Feel You’re Being Retaliated Against
Document the Retaliation
It’s important to document all details related to the retaliatory actions taken against you. This will be essential if you decide to file a claim. This could include detailed records of any specific incidents of retaliation, including the date, time, and names of any witnesses as well as records of any lost wages, benefits, or opportunities.
Report the Discrimination
You may want to report the retaliatory action to your employer or, if necessary, a government agency. Depending on the nature of the violation and where it occurred, this could include filing a complaint with the EEOC, OSHA, or another state or federal agency. An attorney can help you determine the proper agency to file a complaint with.
Contact an Employment Lawyer
It’s important to seek experienced legal counsel for employer retaliation cases. An experienced employment lawyer can provide advice and assistance in filing a claim and protecting your rights throughout the process.
Contact Us For A Free Consultation
If you believe that your employer has retaliated against you for engaging in a protected activity, it’s important that you contact an experienced employment lawyer as soon as possible. At Yormak Employment & Disability Law, we have extensive experience handling workplace retaliation cases throughout Florida. Our firm is headed by board-certified employment law expert Benjamin Yormak, who is one of the few board-certified Florida employment law experts. Contact us today for a confidential consultation to discuss your case. We will work tirelessly to protect your workplace rights and help you get the compensation you deserve.