Florida and New York Retaliation in the Workplace

In employment law, “retaliation” is an employer’s way of unlawfully punishing or scaring an employee for engaging in “protected activity” under the law, such as complaining of or opposing unlawful conduct at work. Often the employer or management retaliates by firing the employee or taking other adverse actions, soon after the employee stands up to the unlawful conduct.

What are some types of workplace retaliation?

In the workplace retaliation comes from unlawful negative or adverse employment actions taken by the company or management against the employee. Such retaliatory actions could be done by employer, supervisor, manager, CEO, HR, or indirectly at the direction of a supervisor. These adverse actions can take many forms, but the most common form is wrongful termination. Often the termination is for a false reason, or reliant on untrue claims by a horrible boss. Nevertheless, the employee can still be protected.

Retaliation may take other forms too, such as subjecting the employee to the following adverse actions:

• Firing or termination
• Layoff
• Writeups or warnings
• Performance Improvement Plans (PIPs)
• Demotion
• Docked pay
• Decreased hours
• Negative work evaluation
• Salary decreases
• Suspension
• Transfer
• Passed over for a promotion/raise
• Making work more difficult
• Denial of employment benefits
• Threats of physical harm, or actual harm
• Verbal abuse
• Threats of calling the authorities, police, or immigration

O’Connell Law prides itself on taking care of our clients. We will watch out for you and always put your interests first. Your retaliation lawyer will also research, collect evidence, speak to any witnesses, act as a go-between with the employer and any relevant insurance companies, and negotiate a fair sexual harassment settlement. Call us to schedule a free initial legal consultation about your retaliation case. Call our office at (305) 209-9246 or email us at Office@KellyOconnellLaw.com.

What is “protected activity” under retaliation in the workplace?

There are many ways for employees to engage in “protected activity” that violates anti- retaliation statutes, as retaliation is prohibited under many federal and state employment laws. For instance, “protected activity” may include but are not limited to the following:

• Standing up for your rights
• Complaining or opposing discrimination and harassment
• Opposing policies or conduct that you believe is unlawful
• Resisting sexual advances
• Reporting wrongdoing in the workplace
• Protecting other individuals from unlawful conduct
• Using or requesting time off under the Family Medical Leave Act (FMLA)
• Using or requesting disability accommodations under the Americans with Disabilities Act (ADA)
• Participating in an investigation of workplace misconduct, such as an EEOC investigation
• Complaining to a supervisor or management of unsafe or unlawful workplace conditions
• Complaining to the government of unsafe or unlawful workplace conditions
• Complaining or opposing the of misuse of government funds
• Refusing to follow orders that would result in discrimination
• Intervening to protect others requesting accommodation of a disability or for a religious practice
• Asking managers or co-workers about salary information to uncover possibly discriminatory wages

What laws have anti- retaliation protections?

In US employment law, many statutes include anti-retaliation protections, that make it illegal for employers to punishing employees for asserting their rights or engaging in protected activities. Key statutes with anti-retaliation provisions include:

• The Fair Labor Standards Act (FLSA)
• Title VII of the Civil Rights Act of 1964
• The Sarbanes-Oxley Act (SOX)
• The Americans with Disabilities Act (ADA)
• The Age Discrimination in Employment Act (ADEA)
• The Occupational Safety and Health Act (OSHA)
• The Family and Medical Leave Act (FMLA)
• The Whistleblower Protection Act
• Additional statues under federal and state law

Such statutes collectively provide a framework to protect employees from retaliation in their anti-retaliation protections when employees engage in activities protected by law.

What damages or remedies are available for workplace retaliation?

The exact amount you recover and what is available depends on what you have lost as a result of the retaliation and what statutes you sue under in court. If you win your case against your employer, there are several types of damages you may be entitled to recover in a retaliation case:

• Lost pay, including back pay and front pay
• Pain and suffering
• Emotional distress
• Punitive Damages
• Attorneys Fees and Costs
• Reinstatement of employment and benefits, such as health insurance, bonuses, or 401k contributions

What are examples of retaliation at work?

Examples include but are not limited to the following:

• Making the employee’s work more difficult soon after they complained of race discrimination.
• Firing the employee after he filed or was a witness in an EEO charge, complaint, investigation, or lawsuit.
• Communicating with a supervisor or manager about employment unlawful conduct and soon after being written up.
• answering questions during an employer investigation of alleged harassment
• Your supervisor wrote negative performance review because you complained to HR about sexist / racist emails sent around the office.
• Company purposefully changing her work schedule to conflict with family responsibilities after filing an EEOC Charge.

How can a lawyer help you with your workplace retaliation claim?

Retaliation in the workplace happens to employees for many reasons to in hopes that employees will not exercise their rights or hold the company accountable.  But retaliation is illegal and prohibited by state and federal laws. If you experience workplace retaliation or were fired after opposing illegal conduct, you need a lawyer to help you fight back against your employer, construct a strong case, collect critical evidence to show the retaliation occurred, and work to get you compensation.

Importantly, a lawyer can determine what is the best course of action against the employer and comply with filing requirements, such as where and when to file the claims.

For certain employment law claims, if you choose to file in federal court, you must first file the claims in a precise way with the Equal Employment Opportunity Commission (EEOC). There are time restrictions, such as a possible 180-day time limit or 300-day time limit depending on your state. The EEOC will evaluate your claim and issue a Right to Sue Notice upon approval. The Right to Sue Notice extends a separate statute of limitations of 90 days to file your claim in federal court. If you do not follow the required time limitations or file the necessary information correctly within your states’ requirements, you may be forever barred from bringing your federal claims.

If you choose to file in your state court, you may be able to file your claim directly with the courts. For instance, New York allows employees to directly file some claims in court, however, Florida does not allow this for many claims.

If your retaliation is related to whistleblower activity, you may have the right to file your claim in federal court or with the proper government agency.

Contact our experienced retaliation attorneys of O’Connell Law, PLLC in New York City and Miami, Florida for a free consultation.

Do not be afraid to stand up for your rights. Do not let your horrible boss or neglectful company back you into a corner. Contact the retaliation attorneys of O’Connell Law, PLLC today to learn more about your rights in the workplace and to see if your case qualifies as a FREE initial consultation. Call our office at (305) 209-9246 or email us at Office@KellyOconnellLaw.com.

Written by Kelly O’Connell, the founding partner of O’Connell Law, PLLC. Ms. O’Connell focuses her practice on employment law and discrimination litigation in New York and Florida. With over 12 years of legal experience, she has helped her clients recover millions.