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Employment law experts advise that the best practice is to consult with a Florida attorney before confronting your employer and/or reporting to the appropriate agencies and authorities.
Florida employment law prevents employers from taking adverse actions against employees who do the following:
- File a Complaint about Workplace Discrimination
- It is illegal for an employer to terminate, threaten termination, intimidate, or coerce employees in response to said employee's discrimination claim.
- File a Workers' Compensation Claim
- It is illegal for an employer to discharge, threaten to discharge, intimidate, or coerce any employee who files or attempts to file a workers' compensation claim.
- Request Unpaid Wages
- It is illegal for an employer to withhold any money you earned at work; requesting the pay you are due is not grounds for dismissal.
- Request Reasonable Accommodation and/or Medical/Family Medical Leave Act (FMLA)
- It is illegal for an employer to retaliate against an employee who requests a reasonable accommodation or medical leave. You have the right to take time away for a serious medical condition or to request an accommodation to help you complete your job duties that are not overwhelming to the employer.
- Report, Threaten to Report, or Refuse to Participate in Illegal Behavior
- It is illegal for an employer to intimidate employees who report illegal, illicit, or unethical corporate practices that could lead to governmental fines, criminal investigations, or charges.
WHAT IS CONSIDERED RETALIATION BY AN EMPLOYER, AND WHAT ARE EXAMPLES?
- The largest issue in employment law is retaliation. Many employees are terminated, have their hours reduced, receive lower pay, are denied promotions, or face harassment due to retaliation in the workplace. It is important to speak to an employment attorney, such as the Miami Employment lawyer Alberto Naranjo, in order to determine if your case of retaliation is protected under the law, as not every form is against the law.
- For retaliation to be considered unlawful, an employee must engage in a protected activity, such as complaining about an illegal practice. Suppose you're complaining about illegal activity, fraud against the government, medical fraud, environmental pollution, unsafe work environments, discrimination, unpaid wages, or overtime. In that case, you would likely be protected, but it’s a good idea to keep written proof and to speak to an employment attorney prior to or shortly after submitting your written objections.
- If you feel you’ve been a victim of retaliation in the workplace, please talk to us, your Miami Employment Lawyer. We want to help.
- Contact an employment lawyer who can assist you with addressing workplace discrimination.