Fort Lauderdale Retaliation Lawyer

Highly Rated Fort Lauderdale Retaliation Attorney

Employees should be able to speak up about workplace issues without fear of retaliation. Whether an employee complains about discrimination, harassment, safety issues, or other protected activities, both federal and Florida law often protect employees from retaliation by their employers. A Fort Lauderdale retaliation lawyer can help employees understand their rights and identify when an employer is suspected of retaliating against them.

At The Law Office of Michelle Cohen Levy, P. A., we provide legal services for both employees and businesses throughout South Florida. Operating out of our Fort Lauderdale office, Attorney Michelle Cohen Levy has experience in employment-related issues and workplace disputes.

Attorney Michelle Cohen Levy focuses on providing clients with responsive and cost-effective legal services. For her commitment to excellence, Attorney Michelle Cohen Levy has been recognized by Super Lawyers Rising Stars and the National Association of Distinguished Counsel.

Workplace Retaliation

Retaliation happens when an employer takes an adverse employment action against someone because he or she exercises rights under the law. Generally, employees are protected from retaliation if they: 

• Report discrimination or harassment
• File a complaint about workplace issues
• Participate in an investigation
• Cooperate with a government investigation, request protected leave
• Report certain violations of law

In general, employers can’t take any action that would discourage a reasonable worker from complaining about workplace violations.

A key federal statute, Title VII of the Civil Rights Act of 1964, specifically forbids employers from retaliating against workers involved in discrimination disputes. Florida workers may also be protected by Section 760.10 of the Florida Statutes. This Florida law makes it unlawful for certain employers to retaliate against an employee.

For the seventeenth year in a row, charges alleging retaliation accounted for 42,301 of all discrimination filings. However, from 56.8% in fiscal year 2023 to 47.8% in fiscal year 2024, the total percentage of accusations claiming retaliation fell by 9%.

Common Forms of Retaliation

Although termination is an obvious form of retaliation, many retaliation claims involve other workplace actions. Examples of potentially retaliatory conduct include:

• Firing, demoting, or suspending the employee
• Cutting the employee’s pay or hours
• Changing an employee’s schedule to less favorable hours
• Denying a deserved promotion or raise
• Excluding the employee from meetings or business projects
• Assigning poorer performance evaluations than deserved
• Subjecting an employee to increased scrutiny or micromanagement

The impact of these actions on the employee can determine whether the action was retaliatory. An employee may view a schedule change as retaliation if it makes it difficult to care for family. A negative performance review may be retaliatory if it is unfounded and the employee has never received negative reviews in the past.

What To Do If You Suspect Workplace Retaliation

If you think that you are being retaliated against, you may want to start by keeping a record of what happens and saving any documents that might help you understand what took place, such as emails and performance reviews. You might also try talking to your employer, such as your supervisor or human resources representative, about what is happening. There may be a reasonable explanation for what occurred.

If you are still concerned, you can try filing a complaint with your employer if your employer has a complaint process. You also may decide to file a complaint with government agencies that enforce various employment retaliation laws. You may also try to hire a retaliation lawyer for your protection.

Hire a Retaliation Lawyer

You should consider hiring a Fort Lauderdale retaliation attorney if you believe that you suffered adverse employment actions because you exercised your rights. Employment retaliation claims can be complicated and might require an analysis of legal issues, facts, and documentation.

For example, if you complain about discrimination, harassment, not being paid correctly, safety issues, or other protected activities and you believe that you have been retaliated against, you might want to learn about your legal options. Employers may also benefit from consulting an attorney regarding workplace policies, investigations, and preventative measures.

Employees with workplace disputes in Broward County may file a retaliation case in the Broward County Courthouse at 201 SE 6th Street, Fort Lauderdale, Florida 33301.

FAQs

Can You File a Claim for Retaliation in Florida?

You can file a claim for retaliation in Florida, but only in specific circumstances. If an employer retaliates against an employee for participating in a protected activity, like complaining about discrimination, harassment, wage law violations, safety issues, or taking protected leave, the employee may be able to file a claim. It depends on the facts of each case and if there is evidence of a link between the protected activity and the employer’s actions.

Is It Worth Filing a Claim Against Your Employer for Retaliation?

Whether it is worth filing a claim against your employer for retaliation depends on the facts of the situation and damages incurred. Some cases of retaliation may include loss of wages, loss of benefits, pain and suffering, or other monetary losses. Employees consider these things and the evidence they have before they decide to take legal action.

What Evidence Do You Need to Prove Retaliation?

Documentation used to prove a retaliation claim can include emails, text messages, performance reviews, disciplinary documents, witness statements, written complaints, and evidence of timelines. Generally, a plaintiff must show that they participated in activity protected by law, suffered an adverse employment action, and that the adverse action was related to protected activity. Well-kept documentation can be quite useful in proving a claim.

Can Coworkers Participate in a Retaliation Claim?

Coworkers who observed events that took place may be called as witnesses and could provide information that confirms or denies allegations of retaliation. Occasionally, more than one employee is treated in a similar manner after participating in a protected activity. Statements from coworkers and documentation such as emails and records can help piece together the overall picture of what occurred to determine if retaliation is possible.

Fort Lauderdale Retaliation Lawyer

Retaliation does more than just harm the employee. It creates a hostile work environment and culture that harms all employees. If you believe you have been retaliated against, The Law Office of Michelle Cohen Levy, P.A., can help. Contact us today for more information. Let our knowledge and experience give you the confidence you need to navigate the legal road ahead.

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