What is employment retaliation in Tampa, Florida? 

Unlawful employment retaliation occurs when an employer takes adverse actions against an employee in response (or “retaliation”) to their engagement in protected activities. These protected activities typically include reporting workplace misconduct, such as discrimination, harassment, or illegal activities, or participating in an investigation related to such misconduct. Employer adverse actions supporting an unlawful retaliation claim can take various forms, including termination, demotion, pay reduction, negative performance evaluations, or any other action that negatively affects the terms and conditions of employment.

Retaliation is considered unlawful under both Florida and Federal laws. Multiple Florida laws protect employees in Tampa from wrongful retaliation by their employers, including the Florida Civil Rights Act (FCRA), the Florida Whistleblower Act, and Florida’s Workers’ Compensation Laws. Employees in Tampa are also protected by numerous Federal employment laws such as:

1. Title VII of the Civil Rights Act of 1964: This federal law prohibits retaliation against employees who oppose unlawful employment practices, such as discrimination based on race, color, religion, sex, or national origin.

2. Age Discrimination in Employment Act (ADEA): The ADEA prohibits retaliation against employees who file complaints or participate in investigations related to age discrimination in the workplace.

3. Americans with Disabilities Act (ADA): The ADA protects employees from retaliation for asserting their rights or opposing discriminatory practices related to disability discrimination.

4. Family and Medical Leave Act (FMLA): This law provides job protection for eligible employees who take leave for qualified medical or family reasons and prohibits employers from retaliating against employees who exercise their rights under the FMLA.

5. Occupational Safety and Health Act (OSHA): OSHA protects employees who report unsafe working conditions or engage in protected activities related to workplace safety from retaliation.

6. Sarbanes-Oxley Act (SOX): SOX safeguards employees of publicly traded companies from retaliation for reporting suspected fraud, securities violations, or other unlawful activities.

7. Whistleblower Protection Act (WPA): The WPA shields federal employees from retaliation for disclosing government misconduct, waste, fraud, or abuse.

If you believe you have experienced retaliation, you should consult with a reliable Tampa retaliation lawyer. The experienced employment lawyers of Cantrell Schuette, P.A. are prepared to help you understand your rights, gather evidence, and pursue legal action if necessary. Contact our team today for a free initial consultation at (813) 705-6275 or coordinator@caklegal.com.

What are some examples of employer adverse actions constituting unlawful retaliation? 

Unlawful employment retaliation refers to actions taken by an employer against an employee in response to the employee engaging in protected activities, such as reporting illegal behavior or filing a complaint. Here are some examples of unlawful employment retaliation:

1. Termination: An employer fires an employee shortly after the employee files a complaint against the company for discrimination or harassment.

2. Demotion: An employer demotes an employee from their current position to a lower position or reduces their responsibilities after the employee participates in a union organizing campaign.

3. Harassment: An employer subjects an employee to persistent verbal abuse, intimidation, or hostile treatment after the employee reports safety violations in the workplace.

4. Salary reduction: An employer reduces an employee’s salary or withholds a scheduled raise as retaliation for the employee asserting their rights under employment laws or reporting illegal activities within the company.

5. Negative performance reviews: An employer gives an employee unjustifiably negative performance evaluations or unfairly lowers their performance ratings in retaliation for engaging in protected activities.

6. Undesirable work assignments: An employer intentionally assigns an employee to undesirable tasks, shifts, or locations as a form of retaliation for engaging in protected activities.

7. Blacklisting: An employer engages in blacklisting by preventing an employee from obtaining future employment opportunities in the industry as retaliation for whistleblowing or reporting illegal activities.

8. Negative references: An employer provides false or misleading information about a former employee to potential employers as a means of retaliation.

It is important to note that laws and regulations regarding employment retaliation are complex and can be highly fact specific. If you believe you have experienced unlawful employment retaliation, it is advisable to consult with an employment retaliation to understand your rights and legal options. Contact Cantrell Schuette, P.A.’s knowledgeable employment retaliation attorneys today for a free initial consultation at (813) 705-6275 or coordinator@caklegal.com.

How do I prove my employment retaliation claim? 

To establish a claim of retaliation, an employee typically needs to demonstrate three key elements:

1. Engagement in protected activity: The employee engaged in an activity protected by law, such as reporting discrimination, participating in an investigation, or filing a complaint.

2. Materially adverse action: The employer took an adverse action against the employee, such as termination, demotion, or other actions that negatively affected the terms of employment.

3. Causal connection: There is a causal connection between the protected activity and the adverse action, meaning that the employer took the action because of the employee’s engagement in the protected activity.

It’s important for employees who believe they have experienced retaliation to consult with an employment lawyer to understand their rights, the applicable laws in Tampa, and the available recourse options. For a free initial consultation, please reach out to us today at (813) 705-6275 or coordinator@caklegal.com.  

What should I do to prepare for an employment retaliation claim? 

If you are an employee in Tampa, Florida who believes they were subjected to unlawful retaliation by your employer, your best course of action is to consult a reputable Tampa employment attorney about your options. They can evaluate the strength of your case, guide you through the legal process, and help you understand your rights and options. If your employer’s adverse employment action against you was the result of you engaging in a protected activity, you can sue your employer. 

Besides contacting an employment attorney, here are some general steps you might consider in preparing for an employment retaliation lawsuit against your employer in Tampa, Florida:

1. Document everything: Keep a detailed record of all incidents, conversations, emails, and any evidence related to the alleged retaliation. This can include dates, times, locations, individuals involved, and descriptions of what occurred. This documentation can be invaluable in building your case.

2. Review company policies: Familiarize yourself with your company’s policies and procedures, particularly those related to retaliation and complaint processes. Ensure you have a clear understanding of your rights and obligations as an employee.

3. Preserve evidence: Safeguard any evidence that supports your claim. This could include emails, text messages, voicemails, photographs, or any other relevant documentation. Back up electronic evidence and make sure it is secure.

4. Gather witnesses: Identify any colleagues or individuals who may have witnessed the incidents or have relevant information. Talk to them discreetly and ask if they would be willing to provide statements or testify on your behalf.

5. Maintain professionalism: Throughout the process, it’s important to remain professional in your interactions with colleagues and superiors. Avoid any actions or behaviors that could be interpreted as retaliation on your part, as it could harm your case.

Remember, the steps you need to take may vary depending on the specific circumstances of your situation. It’s crucial to consult with an employment attorney who can provide tailored advice based on the laws in Tampa, Florida. 

Contact Cantrell Schuette, P.A.’s outstanding team of lawyers today for a free initial consultation at (813) 705-6275 or coordinator@caklegal.com.