Employer Retaliation in Florida
Under Florida State and Federal labor laws, it is illegal to terminate, demote, harass, refuse promotion, alter benefits, change job duties, or in another word – retaliate, against an individual for filing a complaint or lawsuit against an employer for discrimination or harassment. State and Federal labor laws strictly forbid employers from retaliating against employees for many of their legal actions taken against their employers.
Under the False Claims Act, federal law protects whistleblowers who report fraud against the government. If an employee “whistleblows” on an employer for abusing labor laws, the employee is protected under the Whistleblower Act for reporting the misconduct. If an employee filed a lawsuit against their employer for committing fraud against the federal government under the False Claims Act, they are protected by federal law, this type of lawsuit is referred to as, “qui tam.” If the lawsuit is successful, the employee may even be entitled to a portion of the winnings collected on the government’s behalf.
Retaliation for filing a complaint
An employer may not discriminate against an employee for filing a complaint with the company, a formal claim with a government agency, or filing or participating in a lawsuit for discrimination or harassment claims. Additionally, if an employee is entitled to receive minimum wage or overtime pay, according to the Fair Labor Standards Act (FLSA), the employer has no right to retaliate by discriminating against the worker.
If an employer or union illegally retaliates against an employee, the worker may seek a form of relief by filing a formal complaint to the appropriate government branch. Typically, to report a workplace retaliation, the employee must logically believe that they have been illegally targeted. If a complaint is filed with a company, the company may take steps to stop the retaliatory acts. When a complaint is filed with a government agency, they may conduct an investigation, discuss all possible options with the company, and/or construct legal or equitable relief for the injured employee.
Speak to an Attorney today about your potential Employer Retaliation or Whistleblowing case to further understand the laws and what you may be entitled to. Call the Smith and Eulo Law Firm at 407-930-8912.