In this article, you can discover…
- The definition of retaliation under Florida’s employment law and its impact on employees’ rights.
- Examples of both obvious and nuanced forms of employer retaliation.
- How employer actions are evaluated based on their potential to dissuade employees from asserting their rights.
What Constitutes Retaliation Under Florida’s Employment Law?
Retaliation in Florida includes any employer action that would deter a reasonable employee from asserting their rights. Even relatively minor actions can be considered retaliation. Sometimes, retaliation is obvious through direct statements, but it can also be more nuanced. The key factor is whether the employer’s actions would dissuade a similarly situated worker from making the same complaint.
What Steps Should An Employee Take Immediately After Experiencing Retaliation?
Immediately after you experience retaliation, you should document the incident in writing using a verifiably delivered source, preferably email. In it, detail what you believe you suffered and why you believe it occurred. Also, outline specific remedies or changes in action you suggest to your employer in the future.
What Are Common Forms Of Retaliation That Employees Should Be Aware Of Or Ones That They Might Not Even Realize Count As Retaliation?
While termination in response to a protected complaint is a clear form of retaliation, there are many less obvious actions that might not be immediately recognized as retaliation. These can include:
- Being assigned less desirable work schedules
- Reduced hours
- Positions with less authority
- Fewer fringe benefits.
Essentially, anything that constitutes a materially adverse change in the terms or conditions of an employee’s employment could potentially be evidence of retaliation.
How Does Florida Law Protect Whistleblowers From Retaliation?
Florida law offers protection to whistleblowers in the public and private sectors. For public employees, there are specific provisions safeguarding their rights, while private employees are covered under separate statutes.
Both areas of protection include remedies for lost wages and other quantifiable losses. Additionally, remedies extend to non-economic damages such as emotional distress, frustration, and humiliation experienced during the process.
What Defenses Might Employers Use Against Retaliation Claims?
Employers often argue that there is no direct causal connection between the protected activity and the adverse action taken against the employee. Additionally, they may present other objective, non-discriminatory reasons for their actions, such as a reduction in force, economic downturn, or violation of internal work rules by the employee.
Defenses can vary, but you can strengthen your case by demonstrating that you were treated substantially differently from comparator employees or other employees in similar circumstances. Comparing how these employees were treated can provide valuable evidence for retaliation claims.
How Can An Employment Discrimination Attorney Counter Retaliation Claims?
Employment discrimination attorneys counter employer’s defenses by demonstrating that their defense lacks a good faith basis or that they have misrepresented the truth about the situation leading to the adverse action.
Uncovering evidence that supports this or even collusion among members of the organization to retaliate against an employee is easier than ever now with the abundance of electronically stored information like internal emails and communications.
Piecing this evidence together means they can also present a convincing mosaic of the totality of the circumstances, indicating that the adverse action was taken because of protected conduct.
For more information on Protecting Yourself After Reporting Discrimination, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (386) 388-6260 today.
