You did the right thing — you reported discrimination, filed a claim, asked for an accommodation, or refused to take part in something unlawful — and then your employer punished you for it. When an employer strikes back at an employee for exercising a protected right, that is retaliation, and it is against the law. At WLT Law Firm, led by Fort Lauderdale employment attorney Wali Taylor, we represent Broward County employees who were fired, demoted, or targeted for speaking up. Call (954) 905-9863 or (866) 438-9254 for a free, confidential consultation.
What Is Workplace Retaliation?
Retaliation happens when an employer punishes you because you exercised a legal right. Most retaliation claims come down to three things:
- You did something the law protects — for example, reporting discrimination, filing a complaint, or asking for an accommodation.
- Your employer did something that hurt you at work — such as firing you, demoting you, cutting your pay, or writing you up.
- The two are connected — your employer acted against you because of what you did. That link is often shown by the timing, a sudden change in how you were treated, or a stated reason that does not hold up.
You do not have to prove that your original complaint was correct. In most cases the law protects you as long as you had a good-faith, reasonable belief that something was wrong.
Protected Activity — What You Are Allowed to Do
Your employer cannot punish you for exercising rights the law protects, including:
- Reporting or opposing discrimination or harassment at work
- Filing a charge or complaint with the EEOC or the Florida Commission on Human Relations
- Taking part in an investigation, hearing, or lawsuit
- Requesting a disability or religious accommodation
- Taking job-protected medical or family leave under the FMLA
- Complaining about unpaid overtime or minimum wage under the Fair Labor Standards Act
- Filing a workers’ compensation claim after a workplace injury
The EEOC explains what counts as unlawful retaliation under federal law, and Florida’s own Florida Civil Rights Act (Fla. Stat. § 760.10) protects employees who oppose discrimination in the workplace.
Whistleblower Protections in Florida
Florida has separate laws that protect employees who report an employer’s wrongdoing.
Private-Sector Employees
Under Florida’s Private Whistleblower Act, Fla. Stat. § 448.102, an employer cannot retaliate against you for objecting to, refusing to take part in, or reporting an activity, policy, or practice that violates a law, rule, or regulation. For some of these protections you must first bring the problem to your employer in writing and give it a reasonable chance to fix the issue — an important step we help clients handle correctly.
Public-Sector Employees
Government employees are protected by Florida’s Whistle-blower’s Act, Fla. Stat. § 112.3187, which prohibits an agency from firing, disciplining, or taking other adverse action against an employee who reports a violation of law that endangers the public’s health, safety, or welfare, or who reports gross mismanagement or waste. Remedies can include reinstatement, back pay, restored benefits, and attorney’s fees.
Signs You May Have Been Retaliated Against
Retaliation is not always a firing. Watch for a sudden shift after you spoke up: a negative performance review out of nowhere, a demotion or pay cut, a worse schedule, being written up for things others do without consequence, exclusion from meetings, or termination shortly after your complaint. Timing matters — when the punishment closely follows the protected activity, that connection can be powerful evidence.
What to Do If You Are Facing Retaliation
Write down what happened and when, and keep a copy of the complaint or report you made. Save emails, texts, reviews, and your personnel file. Do not sign a severance agreement or release before an attorney reviews it. And move quickly — the deadlines below are short.
Deadlines Are Short — Do Not Wait
A retaliation charge tied to discrimination generally must be filed with the EEOC within 300 days, or with the Florida Commission on Human Relations within 365 days, of the adverse action, and a right-to-sue notice usually gives you only 90 days to file suit. Whistleblower and workers’ compensation retaliation claims run on their own clocks. Missing a deadline can end an otherwise strong case, so speak with a lawyer as soon as you can.
How WLT Law Firm Helps
We investigate the real reason behind the adverse action, connect the timeline between your protected activity and what your employer did, gather and preserve the evidence, identify other employees and witnesses who can support your account, handle the EEOC/FCHR process, and negotiate or litigate for the full value of your claim — which can include back pay, reinstatement or front pay, emotional-distress damages, and, in some cases, punitive damages and attorney’s fees. Our goal is the best possible outcome for every client we represent. The consultation is free and confidential.
Frequently Asked Questions
Do I have to prove my original complaint was correct to win a retaliation case?
Usually not. In most cases the law protects you as long as you had a good-faith, reasonable belief that something unlawful was happening — even if it later turns out you were mistaken.
Is whistleblowing protected in Florida?
Yes. Private-sector employees are protected under Fla. Stat. § 448.102 and government employees under Fla. Stat. § 112.3187. Federal laws also protect certain whistleblowers. The rules and deadlines differ, so it is worth speaking with a lawyer about your situation.
How soon after I complained can retaliation happen and still count?
There is no single rule, but the closer in time the adverse action is to your protected activity, the stronger the inference of retaliation. Even later actions can qualify with the right evidence.
What if I was an at-will employee?
At-will status does not let an employer retaliate against you for exercising a protected right. Many of our clients were at-will employees.
What can I recover?
Depending on the claim, recovery can include back pay, front pay or reinstatement, compensation for emotional distress, and sometimes punitive damages and attorney’s fees. Every case is different.
Talk to a Fort Lauderdale Retaliation & Whistleblower Lawyer
If you were punished for doing the right thing, contact WLT Law Firm for a free, confidential consultation. Call (954) 905-9863 or (866) 438-9254 (866-GET-WALI). You can also learn more about workplace retaliation in Florida, wrongful termination, and employment discrimination.
Written by Walwin Lee Taylor, Esq., Florida employment attorney — WLT Law Firm, Plantation & Fort Lauderdale.
This page is general information about Florida and federal employment law, not legal advice. Every situation is different — speak with a qualified attorney about your specific circumstances.