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Florida Employee Retaliation Attorneys

Under both federal and state law in Florida, it is illegal for an employee to be fired for engaging in activities protected by law or for reporting violations made by an employer. Retaliation against an employee occurs if an employer takes an adverse action against an employee. An adverse action can be continued harassment, an unfavorable evaluation, disciplinary action, termination or demotion. Protections are provided in the Florida Civil Rights Act and retaliation claims are filed with the Florida Commission on Human Relations.(1) Title VII of the 1964 Civil Rights Act protects employees from retaliation under federal law.(2) Contact our Florida employee retaliation attorneys for more information.

Retaliation in the Workplace

According to the Equal Employment Opportunity Commission (EEOC), retaliation claims made by employees who filed job discrimination complaints totaled 36,258 in 2010. Retaliation claims accounted for the largest share of complaints filed with the EEOC during that year.(3) If you believe you are being subjected to employer retaliation, attorneys in Palm Beach County with knowledge in employment law may be able to help.

Retaliation and the Law

Employers may not retaliate by firing, demoting or harassing an employee for exercising his or her employment rights.(4) Employees are protected from retaliation by employers for actions such as(5):

  • Making a federal or state discrimination claim
  • Cooperating with authorities in an investigation of the employer
  • Filing for unemployment or workers’ compensation benefits
  • For joining or forming a union, or participating in union activities
  • Refusing to participate in illegal activity

Proving or disproving a retaliation claim requires specific evidence. The law also specifies strict time requirements relating to a claim for retaliation. Our Florida retaliation attorneys in Palm Beach County — including Jupiter, West Palm Beach, Boca Raton and Wellington — offer legal advice and services to employees who believe they have been retaliated against at work.

Employees Protected Even When Claim is Dismissed

The law also protects employees from retaliation for making a claim that is later dismissed. As long as an employee has a reasonable belief that an employer retaliated against him or her, a claim can be filed with the appropriate federal or state agency.(6) Florida’s Whistle-blower Act, along with federal law, protects employees from retaliation when they report their employer for suspected violations.

Employer Policies Prevent Retaliation

Employers should seek advice on how to prevent retaliation from occurring in the workplace. In Palm Beach County, retaliation lawyers can assist employers in developing a comprehensive approach to handle labor and employment issues properly. The laws regarding retaliation and other employment issues are extremely complex. A proactive approach to addressing legal issues in the workplace helps businesses avoid costs related to lawsuits and fines due to a retaliation complaint. The experienced Florida employee retaliation attorneys at Scott Wagner and Associates, P.A. can provide advice for your organization.

1-Florida Commission on Human Relations, 2009-2010 Annual Report:
http://fchr.state.fl.us/fchr/content/download/6450/35571/file/2009-2010%20Annual%20Report—–FINAL.pdf
2-Title VII of the Civil Rights Act of 1964:
http://www.eeoc.gov/laws/statutes/titlevii.cfm
3-2010 Statistics: Record High Employment Discrimination Claims:
http://www.nationalpartnership.org/site/DocServer/2011_EEOC_Fact_Sheet_FINAL_1.14.11.pdf?docID=8001
4,5,6-Types of Discrimination, Facts About Retaliation:
http://www.eeoc.gov/laws/types/facts-retal.cfm
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Florida 561-653-0008 California 213-377-5200
* Cathleen Scott is licensed to practice in Florida only.

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