Parental Leave Rights in the Workplace

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, an EEOC lawyer 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.

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