Florida Employee 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 provide expert assistance with your workplace retaliation case. Contact us today for a free consultation.
What Employees May Recover
If you have been the victim of workplace retaliation, you may be entitled to recover back pay for lost wages, reinstatement to your former position, front pay if reinstatement is not possible, compensation for emotional distress, and reimbursement for any legal fees incurred during your case.
If you believe you have been subjected to retaliation in violation of the Family and Medical Leave Act or other employment laws, contact us to discuss your situation. We will help you understand your rights and pursue the best possible outcome in your case.
What Counts as Workplace Retaliation in Florida
Employer retaliation happens when an employer takes adverse action against an employee because they engaged in a protected activity.
Retaliation can also take the form of threatening, intimidating, or harassing an employee to discourage them from filing a complaint. 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 an 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.
Examples of Protected Activities
Many activities are considered protected, and an employer may not retaliate against an employee performing them. 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.
Joining or Supporting a Labor Union
Employers are not allowed to retaliate against an employee for joining or supporting a labor union. If this is your case, you might have grounds for a retaliation claim.
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 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. A workplace retaliation lawyer can help you determine the proper agency to file a complaint with.
Contact an Employee Retaliation Law Firm
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.
We have experience handling workplace retaliation cases throughout Florida. Our firm is led by board-certified unlawful retaliation lawyer Benjamin Yormak, one of the few board-certified Florida employment law experts. Contact us today for a free, confidential consultation to discuss your case.
Frequently Asked Questions
How does Florida law define workplace retaliation, and when can an employee file a retaliation claim?
Under Florida law, workplace retaliation occurs when an employer takes an adverse step against an employee because the employee engaged in legally protected activities. A retaliation claim may arise when an employee complaining about discrimination, sexual harassment, union activities, minimum wage violations, whistleblower laws, or workers’ compensation benefits faces adverse treatment. To succeed, the worker must show they performed a protected activity, suffered an adverse action, and that the employer acted because of that activity.
What protections does the Florida Civil Rights Act provide against employer retaliation?
The Florida Civil Rights Act protects employees from retaliatory conduct arising from complaints of discrimination based on race, national origin, marital status, sex, or other protected classifications. The statute also parallels federal protections under Title VII and other federal and state laws, making it unlawful for an employer to take retaliatory actions that affect pay, duties, or future employment. Retaliation in the workplace attorney Benjamin Yormak can evaluate whether the Florida Civil Rights Act applies to your case.
How do federal law and Title VII apply when an employee refuses to perform job duties they believe are unlawful?
Under Title VII, an employee refusing to engage in conduct they believe violates discrimination laws may be taking a protected action. If an employer reacts with discipline or termination because of that refusal, it may give rise to claims under federal anti-retaliation provisions. Whether the conduct qualifies as protected depends on the employee’s good-faith understanding of applicable laws and the nature of the disciplinary action that followed.
Can a retaliation case affect future employment opportunities?
Retaliation sometimes involves actions intended to harm an employee’s future employment, such as negative references or interference with a prospective employer. These scenarios can be difficult to document, but witness statements, emails, and other records can strengthen the claim. Attorneys familiar with retaliation cases regularly assess whether the conduct rises to the level prohibited by the Civil Rights Act and related federal protections. If this is your case, contact our experienced Florida employment lawyers to discuss your case.
Can my employer retaliate against me for taking leave under the Family and Medical Leave Act?
Punishing an employee for requesting or taking leave under the Family and Medical Leave Act may amount to unlawful retaliation. This can include termination, the denial of a promised promotion, or any adverse employment action connected to the leave. Florida employees who faced consequences after using protected leave may have grounds for a claim.
Where are retaliation claims filed in Florida?
Depending on the law involved, a claim may begin with an administrative agency — such as the Florida Commission on Human Relations or the federal EEOC — before it can move forward. Some matters are later pursued in federal court, while others remain within the state system. The correct path depends on the type of claim and the deadlines that apply, which is one reason to get guidance early.
Can a former employer retaliate against me after I’ve already left?
Yes. Retaliation is not limited to current employment. A past employer may act unlawfully by giving a deliberately negative reference, contesting unemployment benefits in bad faith, or otherwise punishing you for protected activity. If you believe a former employer acted against you because you complained about workplace conduct or took part in a coworker’s case, those actions may still support a claim.
What should I do if I think my employer retaliated against me?
Start by saving relevant emails, performance reviews, and notes about the timeline, then seek legal counsel before taking further steps. An initial consultation allows our attorneys to review whether what you experienced may amount to unlawful retaliation and which deadlines apply. Getting legal assistance early can make a meaningful difference in how a claim is preserved.