State and federal laws protect workers who assert their labor rights. These laws also punish employers who retaliate against workers by denying promotions, giving undesirable transfers, or firing them. If you’ve been the target of retaliation because of a legally protected action like unionizing, reporting unsafe work conditions, reporting unlawful conduct or discrimination, or cooperating with an investigation, you could be entitled to financial recovery and other legal relief.
Turn to a Tallahassee employee retaliation attorney with Cruz Law Firm, P.A., for help pursuing a claim against your employer for unlawful retaliation.
Our firm is committed to helping and protecting Florida workers like you. We have a proven record of advocating aggressively for our clients and securing them the justice and accountability they deserve.
We represent clients in state and federal courts and have developed a strong familiarity with Tallahassee’s courts and the people who work in them. When you choose us to help with your workplace retaliation case, you can rest assured that you have dedicated, seasoned law advocates who have taken more than 100 cases to trial. Our attorneys are recognized for their knowledge and insight in the field and are frequently asked to speak about state labor and employment litigation issues.
Reach out to Cruz Law if you believe you have been subjected to retaliation from your employer. A Tallahassee employment retaliation lawyer from our firm can tell you how we could fight for your financial compensation and to hold your employer accountable for its wrongful conduct. Case reviews are confidential and come without obligation.
Understanding Employment Retaliation
Employment retaliation arises when individuals in authority, such as managers or company owners, take detrimental action against an employee, not due to poor performance, but because the employee participated in a “protected activity.” Such activities can range from reporting workplace harassment to asserting one’s rights under employment laws. The intention behind this is not only to deter the affected employee from pursuing their protected activity further but also to send a message to other employees against engaging in similar actions.
Florida Laws Protecting Employees from Retaliation
In Florida, workers are shielded from employer retaliation through a combination of state and federal regulations. These laws, tailored to uphold employee rights, include but are not limited to the following:
Florida Statutes 448.102
Florida’s whistleblower law prohibits employer retaliation against an employee who discloses, threatens to disclose, or provides testimony of their employer’s legal violations or who objects to or refuses to participate in an employer’s legal violations.
Florida Statues 440.205
Prohibits retaliation against employees who file a workers’ compensation claim.
Florida Statutes 68.081-68.092
Florida’s False Claims Act, which protects employees who report or participate in investigations of fraud against the state.
Title VII of the Civil Rights Act of 1964
Prohibits retaliation against an employee who attempts to assert their rights to protection against discrimination and harassment.
Fair Labor Standards Act
Protects employees against retaliation for complaining about wage and hour violations.
False Claims Act
Provides protections for employees who disclose their employer’s fraudulent activities involving federal agencies or contracts.
Dodd-Frank Act
Protects employees from retaliation for disclosing their employer’s violations of the Act.
Sarbanes-Oxley Act
Protects employees who report potential securities fraud and related legal violations.
Family and Medical Leave Act (FMLA)
Prohibits retaliation against employees who request or take FMLA leave.
Florida Civil Rights Act (FRCA)
Prohibits retaliation against an employee who attempts to assert their rights to protection against discrimination and harassment.
Examples of Retaliation in the Workplace
Common instances of protected activity by employees that can lead to employer retaliation include:
- Filing a charge/complaint with the Equal Employment Opportunity Commission (EEOC) or Florida Commission on Human Relations (FCHR)
- Filing an employment discrimination or harassment lawsuit
- Participating as a witness in a human resources or governmental investigation or lawsuit
- Filing an internal complaint with a manager, supervisor, or HR officer about employment discrimination or harassment
- Refusing to follow employer directives that would require the employee to engage in illegal or unethical behavior
- Resisting sexual advances or refusing to provide sexual favors
- Requesting disability or religious accommodations
- Requesting paid leave, parental leave, or leave under the Family and Medical Leave Act (FMLA)
- Filing for workers’ compensation
- Asking managers or co-workers about salary information to identify potentially discriminatory wage disparity
- Whistleblowing, or reporting illegal or unethical conduct by an employer to the authorities
Examples of employer behavior or labor practices that may count as retaliatory include:
- Denial of hiring
- Denial of promotions
- Denial of pay raises, bonuses, or commissions
- Withholding or removing work assignments
- Transfer to less desirable positions or shifts
- Issuing baseless negative performance reviews or placing an employee on an unnecessary performance improvement plan
- Verbally or physically abusing a worker
- Placing an employee under increased performance scrutiny
- Imposing unreasonable deliverables
- Spreading false rumors about an employee
- Termination
What to Do if You Suspect Your Employer Is Retaliating Against You
If you believe that your employer has retaliated against you for your protected activity, you can take the following steps to protect your rights and lay the groundwork for a worker retaliation case:
- Keep all documentation of your employer’s retaliatory behavior, including written correspondence, emails, text messages, and recordings or notes of in-person meetings.
- Contact your supervisor or human resources representative to ask for an explanation for the adverse employment actions that have been taken against you.
- Gather your employment agreements, employee handbooks, and pay stubs/income statements.
- Speak to an employment retaliation lawyer from Cruz Law to determine your legal rights and potentially pursue a legal claim against your employer. Depending on the circumstances, we may file an EEOC or FCHR charge or take your case to court.
How to Prove Employee Retaliation
Evidence that can help you prove your employer retaliated against you includes:
- Emails, text messages, and internal messaging system posts
- Recordings and notes of in-person conversations and phone calls (do not audio or video record your employer without their consent)
- Records of any complaints, benefits claims, lawsuits, or official government investigations you participated in
- Copies of your employment agreements and your employer’s HR policies
In most cases, an employer will attempt to explain that it took an adverse employment action for a legitimate, non-retaliatory purpose. However, you can prove that your employer’s explanation is a pretext for retaliation through circumstantial evidence such as:
- Close timing between your protected activity and the adverse employment action
- Changing explanations from your employer for the adverse employment action
- Suspicious comments from your employer or supervisors in connection with the adverse employment action
Types of Damages in a Retaliation Lawsuit
You could have the option to file a lawsuit against your employer if they retaliate against you for engaging in protected activities. Doing so could provide you with a range of damages, such as:
- Back pay, including wages/income, overtime, tips, bonuses, commissions, and fringe benefits that you lost if you were terminated, denied work assignments, or subjected to other adverse employment actions
- Front pay you could have earned if you were not terminated, denied a promotion, or denied other work opportunities
- Reimbursement of your legal expenses for your retaliation claim and any underlying legal claim that caused the retaliation
- Compensation for emotional distress caused by your employer’s retaliatory behavior
- Injunctive relief, including reinstatement to your position if you were wrongfully discharged or reassigned
- Punitive damages, which is money meant to punish your employer for their retaliatory actions rather than offset a particular loss you suffered
How Long Do I Have to File a Retaliation Claim?
Normally, you have 180 days from your employer’s retaliatory act to file a charge with the EEOC; or 300 days if the alleged retaliatory act is also prohibited by state or local anti-discrimination law. After filing your charge with the EEOC, you may receive a right-to-sue letter from the agency, which authorizes you to file a lawsuit in federal court within 90 days of receiving the notice from the EEOC.
If you choose to file a retaliation claim with the FCHR, you must do so within 365 days of your employer’s retaliatory act. This tight deadline is one of the reasons it’s critical to work with an experienced attorney.
How a Tallahassee Employment Lawyer Can Help in a Retaliation Case
You deserve to pursue financial recovery and justice after facing retaliation from your employer for exercising your rights. Let a Tallahassee employment lawyer from Cruz Law help you build and pursue your employment retaliation case by:
- Thoroughly investigating the facts and circumstances of your employer’s retaliation and recovering evidence we can use to prepare your claims.
- Documenting your ongoing and future estimated expenses and losses, including lost earnings, emotional distress, and legal expenses.
- Protecting your interests if you file underlying legal claims or participate in government investigations against your employer.
- Explaining your legal rights and options in detail and preparing you for what to expect in pursuing legal relief.
- Preparing and filing your retaliation claims with the EEOC or FCHR.
- Filing an employment retaliation lawsuit on your behalf and advocating for your financial and legal relief in a negotiated settlement or by taking your case to trial.
Contact Our Tallahassee Employment Retaliation Law Firm Today
You could be entitled to compensation and justice if you’ve been subjected to retaliation at work. But there’s no time to waste in pursuing it. Contact Cruz Law today for a confidential consultation to discuss your legal options with our Tallahassee employment retaliation law firm. We serve clients throughout Tallahassee, Jacksonville, and the Florida Panhandle. Let us advocate for justice for you.