Retaliation is the most common form of wrongful termination, yet the most misunderstood. Retaliation occurs when an employer takes an adverse action against an employee for engaging in a legally protected activity.
Retaliation is illegal under virtually every federal and Florida employment statute. If your employer took adverse action against you after and because you exercised your legal rights, an experienced retaliation lawyer can evaluate your claim and help you fight back.
How Retaliation Works Under Employment Law
A retaliation claim has three elements.
- You engaged in a protected activity;
- Your employer took a materially adverse action against you; and
- A causal connection exists between the protected activity and the adverse action.
What Counts as a Protected Activity?
A protected activity is when an employee complains that their rights are being violated under a statute or excercising a legal right under a statute.
- Reporting sexual harassment to HR or management
- Complaining about racial harassment
- Requesting a disability accommodation under the ADA
- Complaining about unpaid overtime or wage violations
- Requesting FMLA
- Filing or requesting a workers’ compensation claim
What Counts as an Adverse Action?
An adverse action must be “materially adverse” meaning the employer takes conduct that would discourage a reasonable employee from exercising their legal rights. The three most common forms of retaliation are:
- Termination: The most obvious and most often litigated form of retaliation. Being fired after engaging in a protected activity is the basis for most retaliation-based wrongful termination claims.
- Reduction of hours: Having your scheduled hours cut, being moved to fewer or less desirable shifts, or losing access to overtime opportunities you previously had.
- Reduction of wages or salary: Having your pay rate, salary, commissions, or bonuses reduced after you report illegal conduct or exercise a legal right.
What is a Causal Connection?
The third element of a retaliation claim requires the employee to connect the protected activity to the adverse action. A causal connection may be shown if an employee can prove (1) that an adverse action was taken within 3 months of a protected activity, and (2) the person who decided to take the adverse action was aware of the employee’s protected activity at the time they decided to take the adverse action.
Any of these actions, when taken in response to a protected activity, can form the basis of a retaliation claim. If your employer fired you, cut your hours, or reduced your pay because you exercised your legal rights, contact a retaliation lawyer to evaluate your case.
Retaliation Protections by Statute
Retaliation is prohibited under multiple federal and Florida laws. The statute that applies to your claim depends on the type of protected activity involved.
| Statute | Protected Activity | Kaplan Resource |
| Title VII | Reporting discrimination or harassment based on race, sex, religion, national origin | Title VII Complaints |
| ADA | Requesting a reasonable accommodation or reporting disability discrimination | ADA Retaliation |
| FMLA | Taking or requesting job-protected medical or family leave | FMLA Retaliation |
| FLSA | Complaining about unpaid wages, overtime, or misclassification | FLSA Retaliation |
| Workers’ Comp (§ 440.205) | Filing a workers’ compensation claim after a workplace injury | Workers’ Comp Retaliation |
| FL Whistleblower Act (§ 448.102) | Reporting or refusing to participate in an employer’s violation of law | Consult an attorney |
| FCRA (Chapter 760) | Reporting discrimination under Florida law; participating in FCHR proceedings | Consult an attorney |
What to Do if You Are Experiencing Retaliation
- Document everything: Keep a private record of every retaliatory action — dates, times, what happened, who was involved, and any witnesses. Store this outside of your work email or devices.
- Follow internal procedures: If your company has a complaint process, use it. Submit a written complaint stating that you believe you are being retaliated against for engaging in a protected activity. Keep a copy.
- Preserve evidence: Save emails, texts, performance reviews, and any communications related to both the original complaint and the retaliation. Forward relevant messages to a personal account if permitted.
- Consult an employment lawyer: Retaliation claims have strict deadlines. Federal charges must be filed with the EEOC within 300 days. An attorney can help you determine the right filing path and build the strongest case.
What Damages Can You Recover in a Retaliation Case?
If you prove retaliation, you may recover back pay, front pay, compensatory damages for emotional distress, punitive damages in egregious cases, and attorneys’ fees and costs. Under Title VII, compensatory and punitive damages are capped from $50,000 to $300,000 based on employer size. Section 1981 race retaliation claims have no cap.
Retaliation claims can sometimes be stronger than the original harassment or discrimination claim — especially when the employer’s retaliatory conduct is well-documented and the timing is clear.
Retaliation FAQs
What is retaliation in employment law?
Retaliation occurs when an employer takes an adverse action — such as termination, demotion, or pay reduction — against an employee because the employee engaged in a legally protected activity, such as reporting discrimination, filing a harassment complaint, or requesting a disability accommodation.
Can I be fired because I reported racial or sexual harassment?
Not legally. Firing an employee for reporting sexual harassment or racial harassment is illegal retaliation. If you were terminated after making a complaint, you may have both a harassment claim and a separate retaliation claim.
Do I have to prove the original discrimination to win a retaliation claim?
No. You only need to show that you had a reasonable, good-faith belief that the conduct you reported was illegal. Even if the underlying discrimination complaint is ultimately not proven, your retaliation claim can still succeed.
How long do I have to file a retaliation claim in Florida?
Federal retaliation charges must be filed with the EEOC within 300 days. Florida Civil Rights Act claims must be filed with the FCHR within 365 days. Other statutes have different deadlines. Because missing a deadline permanently bars your claim, consult an attorney immediately.
Fight Back Against Workplace Retaliation
At Kaplan Employment Law, we represent Florida employees who have been punished for doing the right thing. Whether you were fired after reporting sexual harassment, demoted after requesting FMLA leave, or disciplined after filing a workers’ compensation claim, we fight to hold employers accountable.
Get started through our online form for a confidential case review.
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