FLORIDA WORKPLACE RETALIATION LAWYERS

At Wenzel Fenton Cabassa, P.A., we understand the devastating impact of workplace retaliation on your career, mental health, and overall well-being. As one of the leading employee rights law firms in Florida, we are dedicated to fighting for justice on behalf of employees whose rights were violated. Our unwavering commitment to our clients and our impressive track record of success demonstrate our expertise and dedication as workplace retaliation lawyers.

WHAT IS WORKPLACE RETALIATION?

The state of Florida and the federal government have strict laws protecting employees from certain actions by their employers. One important area of protection involves workplace retaliation. Understanding what workplace retaliation means is the first step to justice.

Workplace retaliation comes in different forms, such as termination, harassment, refusal of a promotion, demotion, changing of job duties, changing of benefits, or similar actions. It often comes after you have filed a complaint about unfair or unlawful actions by your employer. A workplace retaliation attorney leads the fight against employers who violate labor laws.

If you have been the subject of employment retaliation, Wenzel Fenton Cabassa P.A. is on your side. Your employer has legal representation, and you deserve to have a passionate, experienced Florida workplace retaliation lawyer in your corner to take them head-on.

EXAMPLES OF RETALIATION IN THE WORKPLACE

Workplace retaliation examples include, but are not limited to:

• losing regularly scheduled hours,
• getting a reduction in pay,
• changes in work assignments,
• being intentionally excluded from training or meetings that other employees attend, or
• getting terminated from your job

MOST COMMON TYPES OF EMPLOYER RETALIATION

At Wenzel Fenton Cabassa, P.A., our workplace retaliation attorneys fight for justice in multiple types of employer retaliation, including retaliatory actions against employees who file for workers’ compensation benefits or individuals who complain about unsafe working conditions, or other violations of laws, rules or regulations. Other common types of employer retaliation include getting fired after complaining about sexual harassment, unpaid overtime, or pregnancy discrimination.

WORKPLACE RETALIATION CHECKLIST

To successfully file a retaliation claim in Florida, an employee typically needs to prove three things:

1. Engaged in a Protected Activity: This means you took part in an action that the law protects. You might be surprised by what activities are legally protected.

2. Experienced Adverse Action: You faced negative consequences at work because of your protected activity. Unfortunately, not all unfair actions are covered by local, state, or federal law.

3. Proximity in Time: There must be a close connection in time between your protected activity and the adverse action. This timing helps establish that the negative consequences you faced were directly linked to your protected actions.

THE TRUTH ABOUT WORKPLACE RETALIATION IN FLORIDA: IT’S MORE COMPLEX THAN YOU THINK

The state of Florida and the federal government have specific laws protecting employees and job applicants from being fired for retaliation. Understanding workplace retaliation is crucial for seeking justice. However, defining and proving retaliation can be more challenging than it seems, and not all acts of unfair treatment or retaliation are covered by these laws. These laws can protect you from wrongful termination retaliation, but it is crucial to know your rights and get the protection you deserve.

Retaliation is defined as adverse actions taken against someone shortly after they engage in a protected activity, but what does that mean?

WHAT QUALIFIES AS A PROTECTED ACTIVITY?

A protected activity involves taking action to oppose or report illegal practices conducted by your employer. Examples of protected activities include, but are not limited to:

• Objecting to or refusing to participate in a policy or practice or your employer that violates a law, rule, or regulation
• Reporting sexual harassment on behalf of yourself or someone else
• Complaining or protesting discriminatory practices or policies based on race, national origin, sex, age (40 or older), religion, disability, or other protected classes
• Reporting or refusing to participate in illegal or especially hazardous activities
• Filing for Workers’ Compensation
• Participating as a witness in a government investigation
• Providing evidence or testimony in a lawsuit brought against the employer
• Requesting accommodation for a disability, pregnancy, or religious practice
• Discussing wages, salaries, or benefits with co-workers under the National Labor Relations Act (NLRA)
• Reporting unsafe working conditions or practices to the Occupational Safety and Health Administration (OSHA) or other regulatory bodies.
• Taking family or medical leave under the Family and Medical Leave Act (FMLA).
• Taking leave for military service under the Uniformed Services Employment and Reemployment Rights Act (USERRA).
• Joining, forming, or supporting a union and participating in union activities, including strikes and collective bargaining.

If you’ve engaged in any of these protected activities and faced employment retaliation, contact Wenzel Fenton Cabassa P.A. today. We handle a variety of workplace disputes for non-federal employees throughout the state of Florida. No fight is too big or small. Our dedicated team will fight to ensure justice is served.

IDENTIFYING ADVERSE ACTION BY EMPLOYERS

An adverse action refers to any negative or punitive measure an employer takes against an employee in response to the employee’s protected activity. Workplace retaliation claims that may be brought in the state of Florida include, but are not limited to, the following. However, it’s important to remember that every case is unique, and the specific circumstances of your situation will determine the best course of action, making it essential to consult with experts:

• Termination – This is the most significant form of retaliation and often the most actionable. We frequently tell our clients that our job truly begins when their job ends.
• Change of pay or hours
• Sending you to a location significantly further away
• Denial of a promotion
• Changing benefits
• Denying overtime
• Failure to hire or rehire

PROVING RETALIATION IN FLORIDA: WHAT EVIDENCE YOU NEED

Our experienced Florida employment lawyers will examine your case to determine the best legal strategies. Our firm is renowned for vigorously fighting against employers who violate labor laws. With over 200 years of combined experience and a dedication to client success, Wenzel Fenton Cabassa, P.A. has consistently secured favorable outcomes for our clients. Our attorneys are not only experienced but also awarded for their commitment to justice, making sure that your rights are protected at every turn. With your employer having legal representation, you deserve a dedicated and experienced Florida workplace retaliation lawyer to advocate for your rights in Florida.

While we have successfully managed cases lacking concrete proof, any evidence you can provide will significantly strengthen your case, lead to a more favorable settlement, and expedite negotiations. It is important to understand that a digital footprint is permanent, and attempting to delete evidence can harm your claim. Examples of evidence that may support a retaliation claim in Florida include:

• Proof of Protected Activity: Evidence that you filed a claim, made a complaint, or took other actions protected by law may strengthen your claim. 
• Proof of Adverse Employment Action: Documenting any negative actions taken by your employer shortly after you engaged in a protected activity—such as wrongful termination in Florida, changes in your schedule, or adjustments to your benefits—can serve as critical evidence in your case. This proof can be written communication or official notices.
• Text Messages, Emails, and anything in writing: Any written evidence that supports your retaliation claim may significantly strengthen your case. Be sure to take photos and screenshots to maintain your own records.
• Proximity in Time: Courts recognize that the timing between an employee’s protected activity and the adverse action taken against them is crucial evidence in a retaliation claim, as it helps establish a direct link between the two events.

ADDRESSING RETALIATION IN FLORIDA: KNOW YOUR RIGHTS

If you are still employed, it is crucial to report the issue to Human Resources and give them time to address it. It is their legal obligation to stop the retaliation. To strengthen your report, include as much detail as possible:

• Describe the incident: Specify the law or illegal act involved, along with the time and place it occurred.
• Document what happened: Detail what was said or done, and identify any witnesses or individuals who became aware of the incident afterward.
• Explain the impact: Share how the incident affected you—whether it influenced your work performance, relationships, confidence, or overall well-being.
• Provide evidence: If there is any documentation—such as emails or other records—related to the harassment or retaliation, include that in your report.
• Mention related incidents: Note any other related incidents or knowledge of similar actions taken against others by the same individual.

It’s advisable to create a written report and maintain two identical copies—one for yourself and one to submit to your employer. If the retaliation continues or if you are terminated, it is advised to contact an experienced employment retaliation attorney as soon as possible. If Human Resources successfully resolves the issue, you may find that pursuing a legal claim is no longer necessary. It’s important to understand that the specifics of an investigation or actions taken due to the investigation are often not shared. This is done to protect the investigation’s integrity and avoid potential legal issues, such as defamation claims. There is also the mental toll that the investigation and aftermath could have on you during this process, leading to uncertainty, another reason you need representation.

The workplace retaliation attorneys at Wenzel Fenton Cabassa, P.A., understand how to prove retaliation and hold employers accountable. No one deserves retaliation, and all employees deserve a strong legal advocate for justice on their side.

WHAT LAWS PROTECT WORKERS FROM RETALIATION?

Our skilled Florida workplace retaliation lawyers will examine the details of your case to identify the most applicable laws. Among the federal laws that protect workers from retaliation are:

• Title VII – as well as other laws that protect against discrimination based on race, color, religion, sex, and national origin
• Fair Labor Standards Act (FLSA) – to protect employees who complain about wage and hour violations, such as unpaid wages and minimum wage and overtime violations
• Whistleblower laws enforced by OSHA and other whistleblower protections
• Family and Medical Leave Act (FMLA) – to protect employees who are lawfully entitled to leave
• Sarbanes-Oxley Act (SOX) – to protect employees who complain about potential shareholder fraud and related complaints
• The Dodd-Frank Act – whistleblower protections for employees who report concerns about actions taken in violation of the Act’s protection and regulatory restrictions
• False Claims Act – protections for employees who report fraud against federal agencies or contracts
• Qui Tam – Allows private individuals to file lawsuits on behalf of the government against entities committing fraud against federal programs

WHAT IS THE STATUTE OF LIMITATIONS FOR A WORKPLACE RETALIATION CLAIM IN FLORIDA?

When facing workplace retaliation, it’s crucial to act within the time limits set by law, known as the statute of limitations. These time limits vary depending on the specific laws that apply to your situation:

• Title VII Claims: If your retaliation claim falls under Title VII of the Civil Rights Act, which covers discrimination based on race, color, religion, sex, or national origin, you generally have 300 days to file a claim with the EEOC if you are in a state like Florida that has its own anti-discrimination laws. In some cases, this period can extend to 365 days, depending on the nature of the claim.
• Family and Medical Leave Act (FMLA): If the retaliation is related to your rights under the FMLA, such as being punished for taking medical leave, the statute of limitations is two years. This can be extended to three years if the violation was willful.
• Whistleblower Claims: The statute of limitations for whistleblower claims varies based on the specific statute the employer violated. For example, under the Florida Public Whistleblower Act, the deadline is two years from the date of the alleged retaliatory action, while under other whistleblower protection laws, it can range from 30 days to several years.
• Occupational Safety and Health Administration (OSHA): For retaliation related to safety complaints under OSHA, the statute of limitations is particularly short, only 30 days from the date of the retaliatory act.

These time limits are critical, as missing the deadline can mean losing the right to file a claim entirely. If you believe you have been retaliated against, it is essential to consult with an experienced attorney promptly to ensure that your rights are protected and that you take action within the appropriate timeframe. Because the statute of limitations can vary widely, it is crucial to consult with a qualified attorney who can provide tailored advice specific to your situation, ensuring that you take timely and appropriate action to protect your rights.

HOW LONG DOES IT TAKE TO SETTLE A RETALIATION LAWSUIT IN FLORIDA?

While not all cases are litigated, the time it takes to settle a retaliation lawsuit will vary depending on the particular facts of the case. Some cases may take up to two years or more. A workplace retaliation lawyer fights diligently and aggressively each step of the way to get the optimum outcome for their clients. At Wenzel Fenton Cabassa, P.A., we use our expertise to leverage the best possible outcome in the timeliest manner. However, the quickest resolution is not always the best, as some companies are extremely aggressive in their defense. This is why you need an unwavering Attorney on your side. We are not afraid to litigate when necessary, ensuring your rights are fully protected.

CONTACT US FOR A FREE CASE EVALUATION – START YOUR JOURNEY TO JUSTICE TODAY

To build a successful workplace retaliation case in Florida, you must have engaged in a protected activity, experienced an adverse employment action, and can establish a connection between the two. When you partner with a workplace retaliation lawyer from Wenzel Fenton Cabassa P.A., you gain a dedicated defender who will tirelessly fight for your rights. Our experienced attorneys are steadfast advocates, ready to stand up to employers who violate the law.

We understand the profound impact retaliation can have on your life and are committed to securing the best possible outcome. Let us help you achieve the justice you deserve and ensure your voice is heard. 

We offer free, confidential case evaluations and work on a contingency basis, so there’s no financial risk to you – we only get paid if we win your case.

Reach out to Wenzel Fenton Cabassa, P.A. now to take the first step towards defending your rights and securing your future. With our extensive knowledge of Florida’s labor laws, we are uniquely equipped to handle your case.

Rating: 5 out of 5

“I can not thank Chris Saba enough for what he has done for me. I honestly felt like giving up, but after talking to Chris, I felt confident about moving forward with my decision in pursuing this case. He thoroughly explained the process and worked on my case in a timely manner. He kept me informed along the way and is a great person to work with. I truly appreciate the time, effort and devotion he has put towards my case. I highly recommend this attorney’s office and definitely, recommend Chris Saba. Thank you.”

GA

Gabrielle Akins

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