Florida Workplace Retaliation Lawyer
Representing Workers Dealing With Employer’s Retaliation
Under federal 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 or suspect an employer’s retaliatory behavior, contact a Florida workplace retaliation lawyer as soon as possible.
At Yormak Employment & Disability Law in Florida, we are retaliation claim specialists. We know how Florida employment laws work and fight tooth and nail to protect your interests. We only represent employees and can help with expert assistance in your workplace retaliation case. Contact us today for a free consultation.
What is Workplace Retaliation?
Employer retaliation happens when an employer takes adverse action against an employee because they engaged in a protected activity.
Examples of retaliatory actions may include abusing labor laws, wrongful termination, demotion, suspension, refusal to hire or promote, or any other type of unlawful retaliation that could harm the employee’s career or job security.
Retaliation can also take the form of threatening, intimidating, or harassing an employee to discourage them from filing a complaint.
Examples of Workplace Retaliation
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, contact an experienced attorney to fight for your employment rights and recover financial compensation for all the emotional distress you’re going through.
Examples of Protected Activities
Many activities are considered protected, and an employer may not retaliate against an employee. Some examples include:
Reporting Discrimination or Harassment in the Workplace
If an employee believes 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 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
Under the Fair Labor Standards Act (FLSA), employees have the right to file a complaint if they believe their employer has violated any wage and hour regulations. This may include reporting unpaid minimum wage or overtime violations.
Reporting a Violation of State Laws, Federal Laws, or Regulations
Whistleblowing malpractices on the government’s behalf is one of the most efficient protections against fraud today. Federal law protects whistleblowers and determines that employees cannot be retaliated against if they report fraud 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.
If you are suffering from employer retaliation, whether through your employer’s policies or human resources turning a blind eye to violations of employee rights, our employment law attorneys can provide the support you need to file a retaliation complaint.
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 federal government gives employees the right to take unpaid leave for certain qualifying reasons. Employers are prohibited from retaliating against an employee who has taken FMLA leave to which they are entitled.
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 False Claims Act (FCA) is a federal law that allows individuals (called “whistleblowers”) to sue on behalf of the government against entities or individuals who have defrauded government programs. Likewise, the Florida Whistleblower Act protects employees 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.
Steps to File a Workplace Retaliation Lawsuit
Document the Retaliation
Document all details related to the retaliatory actions taken against youIt’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 Employer’s Retaliation
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 happened, this could include filing a complaint with the Equal Employment Opportunity Commission (EEOC), the Occupational Safety and Health Administration (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
Seek experienced legal representation 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 your employer is retaliating against you for reporting violations such as committing fraud, whether they alter benefits, job duties, overtime pay, or employment agreements, we offer a confidential consultation where we can discuss the applicability of an employer retaliation lawsuit.
Contact an experienced employment lawyer as soon as possible. We have experience handling workplace retaliation cases throughout Florida. Our firm is led by board-certified employment lawyer Benjamin Yormak, who is one of the few board-certified Florida employment law experts. Contact us today for a free, confidential consultation to discuss your case.