Retaliation

Retaliation claims comprise the fastest growing area of employment discrimination litigation. According to data from the Equal Employment Opportunity Commission (EEOC), retaliation claims rose by an incredible 41 percent from 1996 to 2002. Retaliation occurs when an employer, employment agency, or labor organization takes an adverse action against a covered individual because he or she engaged in a protected activity. Retaliation does not have to be a firing. It can be a demotion.

An employer may not retaliate against an employee as a result of the employee engaging in protected activity under the discrimination laws, Sarbanes-Oxley, the Family and Medical Leave Act, The Florida Whistleblower Act, or the False Claims Act. Engaging in protected activity can involve something as simple as complaining about the employer’s violation of one or more of these various laws. Retaliation cases are often just as strong, if not stronger than cases involving the underlying conduct itself. If you have engaged in protected activity under the law, and were discharged, demoted or otherwise retaliated against after engaging in the protected conduct, please contact us.

There are numerous additional specific laws, rules or regulations that prohibit retaliation for engaging in certain types of protected activity. Many of these laws provide for very short time limits within which a potential retaliation claim must be filed. Some retaliation claims must be filed with an appropriate state or federal agency. Other types of retaliation claims may be filed directly in court within the applicable statute of limitations. Our firm is very experienced in handling all types of retaliation claims. During a meeting with one of our attorneys, we can answer your questions regarding whether you have a valid claim for retaliation, what the time limit is for asserting that claim, whether the claim must first be filed with an appropriate state or federal agency, and what potential defenses an employer is likely to assert in the event the claim is pursued. Please contact us if you would like to discuss your retaliation claims or if you would like to retain our firm to represent you in any retaliation related matter.