Retaliation

Miami Lawyers Fighting for the Rights of Employees

Miami’s huge growth has been triggered by migration from other parts of the U.S., as well as immigration from other countries. It is the sixth-fastest growing region in the country. Many large businesses are headquartered in Miami; it serves as the headquarters of Latin American operations for over 1,400 multinational companies. Businesses in Miami should not discriminate against employees based on their membership in a protected class. If you were treated adversely because you complained of discrimination you may be able to bring a retaliation lawsuit against your employer. You should consult an experienced Miami retaliation lawyer at Phillips & Associates about your options.

Protected Activities

Although Florida is an at-will employment state, you are protected against being terminated or otherwise mistreated because you complained of harassment or discrimination (based on race, religion, gender, sexual harassment, etc.), which is considered “protected activity.” Protected activities include opposing discrimination, filing a discrimination complaint or charge with the EEOC, helping with an investigation or proceeding related to discrimination, or complaining about discrimination committed against someone else.

Retaliation occurs if an adverse action is taken against you because you engaged in a protected activity. Very few employees would report discrimination if their employer could simply fire them for reporting it. Accordingly, federal, state, and local laws prohibit retaliation based on your engaging in a protected activity, or filing a discrimination charge with an agency tasked with enforcing anti-discrimination laws.

Retaliation

There are several anti-discrimination laws that include provisions guarding against retaliation. These include Title VII of the Civil Rights Act of 1964, §1981, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) among others. The retaliation attorneys at our Miami office are familiar with the nuances of these laws.

Title VII prohibits discrimination on the basis of color, race, sex, religion, and national origin. The Americans with Disabilities Act prohibits discrimination on the basis of disability. The Age Discrimination in Employment Act prohibits discrimination based on age, when the plaintiff’s age is 40 or over. The Florida Civil Rights Act, which protects against discrimination based on membership in a number of classes, also includes a provision to guard against retaliation and our employer cannot retaliate against you for filing a discrimination claim under the Miami-Dade County Human Rights Ordinance either.

Retaliation is not restricted to just wrongful termination. Retaliatory actions by an employer could include demoting an employee, negatively changing benefits, denying a promotion, reassigning an employee to an unfavorable position, or harassing an employee. Retaliation can involve any actions that are taken, in response to a complaint of discrimination, that stop an employee from doing his or her job Our Miami retaliation attorneys have brought these claims in a broad range of situations.

For example, if you were terminated because you filed a complaint with the EEOC after you were not promoted because your supervisor believes that Asian-American women are not capable of being good managers, you may have a claim of retaliation, along with race, national origin, and sex/gender discrimination. Similarly, if your coworkers sent you racist memes and/or jokes every day, and you complained to HR, but then terminated for not being “a team player”, you may have a claim of retaliation in addition to a claim of racial harassment.

You are generally protected from retaliation as long as you brought your initial complaint in good faith and with the reasonable belief that you were complaining about discrimination.

Retain a Knowledgeable Retaliation Attorney

If you are harmed by retaliation at your job, you should talk to a seasoned employment attorney There are some differences among federal, state, and local laws. Call the experienced litigators at Phillips & Associates at (866) 229-9441 or complete our online form for a free consultation with a retaliation lawyer in Miami. We represent clients on a contingency fee basis, which means that we will not get attorneys’ fees unless we successfully secure a settlement or verdict on your behalf.