Workplace Retaliation Attorneys
Workplace retaliation occurs when an employer punishes an employee for engaging in legally protected activities, such as reporting discrimination or harassment. Retaliation can include actions like demotion, reduced hours, or even termination. It’s illegal, however, and employees are protected under employment laws.
Why Should You Consult a Workplace Retaliation Lawyer?
No one should have to face consequences for speaking up for their rights or for advocating on behalf of a wronged employee. Experienced workplace retaliation lawyers can help you map out any legal options you may have for your specific situation. They can also help you read through your employee handbook if you need clarification on your circumstances.
If you or someone you know is experiencing workplace retaliation, contact Farah & Farah today to schedule a free consultation with an experienced workplace retaliation lawyer.
What Is Workplace Retaliation?
Retaliatory behavior is a form of illegal discipline taken out on an employee who engaged in legally protected activities, such as whistleblowing or reporting discrimination. Retaliation might be a subtle act, such as confronting an employee and demanding an explanation. It can also be more blatant and take the form of harassment or discrimination.
What Are Protected Workplace Activities?
Protected activities can include:
- Participating in the process of filing a report of discrimination or harassment
- Asking for accommodations for a disability, pregnancy, or religion
- Reporting unsafe and unhealthy working conditions
- Acting as a whistleblower
- Requesting FMLA or workers’ compensation
- Making a complaint of wage and hour violations
- Refusing to be involved in a law violation (local regulations, state or federal laws)
- Filing a claim with the Wages and Hours Division (WHD) for pay, hours of work, or other rights
- Participating in a union, collective bargaining, or strike
What Is Considered Retaliation in the Workplace?
Retaliation in the workplace can take on a variety of forms. Some signs may be more obvious than others and retaliation could come from the employer, a manager, or even a coworker. The following are examples of workplace retaliation:
Discrimination
Discrimination can be considered workplace retaliation if it’s done to punish an employee for participating in a protected activity. Examples can include changing an employee’s schedule, failing to notify the employee about meetings, denying time off requested, giving negative employee reviews, transferring the employee to another department, demotion, and more.
Harassment
Examples of retaliatory behavior that could be considered harassment can include increased scrutiny, sudden micromanaging, bullying, degradation, humiliation in front of peers, spreading rumors around the workplace or online, and more.
Termination
Employers may terminate an employee as retaliation for filing a report against them. Even in an at-will employment state, employers cannot dismiss employees because they exercised protected activities. If an employee has been wrongfully terminated, they can seek legal assistance for that on top of the original report.
What Are the Workplace Retaliation Laws & Government Agencies that Protect Me?
Federal and state laws have been enacted to protect employees from unlawful workplace retaliation.
Title VII of the Civil Rights Act of 1964
Title VII protects employees in the private and federal sectors. Employers with fifteen or more employees must legally comply with The Civil Rights Act.
Title VII states that nobody should face retaliation for filing a report of acts of harassment or discrimination based on race, genetic information, color, national origin, religion, or gender. Protection under Title VII covers all decisions regarding the terms and conditions employees are employed under, including, but not limited to, wages, recruitment, terminations, and selections
Equal Employment Opportunity Commission (EEOC)
If you have been subjected to retaliation because you are exercising your rights under protected EEO activities, file a claim with the EEOC. EEOC was established to enforce Title VII (along with other federal laws like ADEA and ADA) requirements for private and federal employers. Individuals can file a lawsuit under Title VII to seek damages, barring relief, and unbiased relief. The Commission’s role is to investigate charges and assess all allegations in the charge before announcing their finding.
Employees who believe they were the subject of retaliatory action have 45 days from the event date to contact an EEO Counselor to file a complaint.
Occupational Safety and Health Act of 1970
Twenty-eight states follow the Occupational Safety and Health Act of 1970. This was enacted to require employers to ensure that employees work in a safe and nonhazardous environment. This act requires employers and employees to follow the standards, rules, and regulations that apply to their work conduct. The remaining 22 states have a plan approved by the Occupational Safety and Health Administration (OSHA) that ensures the safety and wellness of their workers.
OSHA functions as an enforcer of such laws. Employees who have reported their employer or company for violating a law that risks the safety and health of their workers have whistleblower protection against any act of retaliation. If you believe you have been subjected to workplace retaliation for exercising your legal rights, please contact OSHA immediately and file a report.
The Americans With Disabilities Act (ADA) of 1990
Employers who have employed fifteen or more workers must comply with the ADA. The ADA offers comprehensive mandates to eliminate discrimination against people with disabilities. It ensures equal opportunities in employment amd public services, as well as accessibility to benefits, buildings, and telecommunications. Additionally, the ADA protects against retaliation and wrongful termination for those who exercise their rights
Family Medical Leave Act (FMLA)
The FMLA was established to protect eligible employees under covered employers who need to take off for up to 12 weeks per year due to specified family and medical reasons. The employee is unpaid during their leave, but their job is protected. Retaliation under the FMLA could be a demotion, change in pay, or work schedule, or if the employee is fired either during or after they return to work solely because of their leave.
National Labor Relations Act (NLRA)
Congress passed the NLRA to encourage unions and collective bargaining, protecting workers’ freedom to seek safe and healthy working environments and conditions without fear of retaliation.
How Can Employers Prevent Workplace Retaliation?
Employers are responsible for keeping the work environment safe for all employees. To prevent retaliation, employers are tasked to:
- Make sure all employees understand retaliation will not be tolerated in the workplace.
- Ensure employees understand they have the right to exercise their rights and will not face disciplinary action if they take action against violation of the law.
- Take corrective action when an employee reports any discriminatory acts, harassment concerns, or safety complaints promptly.
- Training managers to thoroughly understand and acknowledge that they have a responsibility to treat all workers equally and consistently, and one of their duties is to stop, address, and prevent any unlawful acts in the workplace (including work events held outside the office setting) and acknowledge the cost of retaliation.
- Hold all employees in all positions and departments accountable for your rules and regulations.
What Should You Do When a Coworker or Employer Retaliates Against You?
You are entitled to work in a safe environment. So, if you begin to see a pattern of behaviors associated with retaliation, you can take action against the wrongdoing. We encourage those who experience any form of retaliatory behavior to keep detailed records and documentation of any adverse events that occur. Report your concerns and complaints, with records and documentation, to your company’s human resources department.
At the time of the events, you can also file a claim with EEOC so they can perform an investigation, especially if the adverse actions happened when you had engaged in protected activities. You also have the legal option to seek legal counsel with a workplace retaliation lawyer to understand your position better, which allows you to explore the legal option you have to right the wrongs of unlawful retaliation acts done against you.
How Do I Prove a Legal Claim of Workplace Retaliation?
Being a victim of retaliation for doing the right thing can cause an immense amount of distress, especially when you feel that your financial stability and career status are being threatened. Being asked to prove the adverse events and ill intent can add to the stress of the situation, but the more evidence you have, the easier it will be to prove your claim.
Here are some examples of proof that can support your workplace retaliation claim:
- Evidence that you had engaged in protected activity
- Written witness statements from your coworkers
- Email messages that showcase employers or coworkers' motive to take action toward you after being notified of a charge placed against them if you do not rescind your claim
- Any social media or text messages that display any malevolence
- Documentations of excessive micromanaging after you filed a report
- Evidence where your glowing employee reviews began to dip and became subpar
- Work schedule changes that happened after you exercised your rights
- Paystubs
- Materially adverse actions taken by the employer
What Florida Laws Protect Me From Workplace Retaliation?
Employees are protected against workplace retaliation in Florida. Under federal law, employees who report a claim that a coworker or employer has or is in violation of a law are automatically protected from retaliation.
Employees who act as whistleblowers in Florida are protected under the Florida Statute Title X, 112.3187, from any adverse actions, such as dismissal and disciplinary actions. Under the Florida Statutes Title XXXI 448.102, employers are prohibited from retaliating against an employee if they have:
- Told the employer they would report a violation of a law being performed by their employer and supervisor, or the employer did not take corrective action in a reasonable time.
- Refused to be involved in an unlawful act that would violate a law, rule, or regulation.
- Provided information or reported a claim to a government agency, person, or agency that conducts investigations of an unlawful act against a law, rule, or regulation performed by the employer.
The Florida Civil Rights Act
The Florida Civil Rights Act, Sections 760.10, exists to protect individuals in a workplace from unlawful termination, harassment, discrimination, and retaliation related to:
- Age
- Race
- Color
- Disability
- Marital status
- National origin
- Pregnancy
- Religion
- Gender
According to the Florida Civil Rights Act, anyone subjected to any alleged discrimination has 180 days to file a case against employers, colleagues, customers, or vendors with the Florida Commission on Human Relations (FCHR).
What Georgia Laws Protect Me From Workplace Retaliation?
In Georgia, Chapter 186-1 under Administration, Rule 186-1-.03 states that employers are prohibited from retaliating against a person because they had filed a complaint, testified against them, or refused to participate in any investigations involving a law violation.
What Can You Do if You Have Experienced Workplace Retaliation?
Retaliation in the workplace is illegal and can cover actions ranging from discrimination and harassment to wrongful termination. Even in states with at-will employment, terminating an employee in retaliation is against the law. Those who have been on the receiving end of illegal retaliatory acts by their employers, managers, or coworkers fortunately have options for legal recourse.
Contact Farah & Farah’s experienced workplace retaliation attorneys today for a free consultation if you’re in Florida or Georgia. We are dedicated to securing the justice and compensation you deserve. You won’t have to pay a dime unless your case is successful.
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