Unlawful retaliation occurs when an employer takes adverse action against an employee for engaging in legally protected activities, such as filing a complaint of discrimination, reporting workplace safety violations or violations of the law, or participating in certain investigations. Retaliatory actions can include demotion, termination, salary reduction, other adverse changes to employment conditions, even harassment.
It takes courage to stand up against workplace injustices, and we are committed to ensuring that your rights are upheld. If you have faced retaliation for asserting your rights, contact us today to schedule a consultation and learn more about how we can assist you.
Frequently Asked Questions About Employment Retaliation
Employment retaliation happens when an employer punishes an employee for exercising their legal rights. This could include filing a complaint about discrimination, reporting harassment, requesting medical leave, or blowing the whistle on illegal activity. Retaliation is prohibited under several federal and Florida laws.
Below are answers to common questions about retaliation claims in Florida.
What are examples of retaliation at work?
Retaliation can take many forms. Common examples include:
- Firing or demoting an employee after a complaint
- Cutting hours, pay, or benefits
- Assigning less favorable shifts or duties
- Excluding an employee from meetings, training, or advancement opportunities
- Creating a hostile or intimidating work environment
Even subtle changes that would discourage a reasonable employee from speaking up may qualify as retaliation.
What laws protect employees from retaliation in Florida?
Many federal and state laws protect Florida employees from retaliation, including:
- Title VII of the Civil Rights Act of 1964
- Americans with Disabilities Act (ADA)
- Age Discrimination in Employment Act (ADEA)
- Family and Medical Leave Act (FMLA)
- Fair Labor Standards Act (FLSA)
- Florida Civil Rights Act (FCRA)
- Florida Whistleblower Act
While these are the most common laws that employers violate, there are many federal and state laws that protect employees from retaliation. If you believe you are being retaliated against for engaging in activity that is protected under state or federal law, speak to an experienced employment attorney right away.
How do I know if I have a retaliation claim?
You may have a retaliation claim if three things are true:
- You engaged in a protected activity such as reporting discrimination, harassment, wage violations, or other unlawful conduct.
- Your employer took an adverse action against you afterward.
- There is a connection between your complaint and the employer’s action.
How long do I have to file a retaliation claim in Florida?
Deadlines depend on which law applies. For example:
- Under federal discrimination laws, you must generally file a charge with the Equal Employment Opportunity Commission (EEOC) within 300 days of the retaliation.
- Under the Florida Civil Rights Act, you must file with the Florida Commission on Human Relations (FCHR) within 365 days.
- If you believe you were retaliated against for reporting a safety or health concern, you have only 30 days from the date of the retaliation to file a complaint with OSHA.
Because deadlines vary, you should contact a lawyer as soon as you suspect retaliation to make sure you protect your right to take action.
What compensation can I recover in a retaliation case?
Depending on the particular law violated, remedies may include:
- Lost wages and benefits
- Compensation for emotional distress
- Reinstatement to your position
- Future lost earnings (“front pay”)
- Punitive damages in certain cases
- Attorneys’ fees and court costs
A Florida employment attorney can help determine what damages may apply in your situation.
