Florida Retaliation Lawyer

What Is a Protected Activity?

Protected activity means you took action that the law shields from retaliation. Examples include:

• Complaining about sexual harassment
• Complaining about racial discrimination
• Requesting workers’ compensation after a job injury
• Requesting paternity or maternity leave under the FMLA
• Requesting a reasonable accommodation for a disability
• Reporting wage violations like unpaid overtime or tip theft

If you engaged in one of these activities and were fired because you did so, you may have a strong retaliation claim.

What Is Not a Protected Activity?

Not every workplace complaint is legally protected. Examples of what does not qualify:

• Complaining about a rude or disrespectful boss
• Reporting “bullying” without linking it to a legal violation
• Complaining about workplace dysfunction or favoritism
• General grievances that don’t involve discrimination, harassment, or a legal right

If your complaint didn’t involve illegal conduct or a protected right, it’s likely not covered under retaliation laws. Therefore, if your employer fired you because you did any of the above, you likely do not have a case for wrongful termination.

Laws That Protect You from Retaliation-Based Termination

If you engaged in a legally protected activity—you opposed illegal conduct under the law—and were fired because you did so, your employer may have violated one or more of the following laws:

Title VII of the Civil Rights Act of 1964 (Title VII)

Title VII makes it illegal to fire an employee for reporting discrimination based on race, color, religion, sex (including sexual orientation and gender identity), or national origin.

Florida Civil Rights Act of 1992 (FCRA)

The Florida Civil Rights Act (FCRA) provides the same protections as Title VII under Florida law and applies to most employers in Florida.

Americans with Disabilities Act (ADA)

The ADA protects employees from being fired after requesting reasonable accommodations for a disability or opposing disability-based discrimination. If you were terminated after making such a request, you may have a strong claim under the ADA.

Family and Medical Leave Act (FMLA)

The FMLA entitles eligible employees to take unpaid leave for certain family and medical reasons, including serious health conditions, pregnancy, or childbirth. If you were terminated for requesting or taking FMLA leave, you may have a valid retaliation-based termination claim.

Florida Workers’ Compensation Law (Fla. Stat. § 440.205)

Florida law prohibits employers from retaliating against employees who file workers’ compensation claims after a workplace injury. You should never have to choose between reporting an injury and keeping your job.

Fair Labor Standards Act (FLSA)

The FLSA protects employees who report wage and hour violations, such as unpaid overtime, minimum wage violations, or illegal tip pooling. It is illegal for an employer to fire you for bringing attention to wage violations.

Your story matters, and Kaplan Employment Law will fight to ensure that employers who break these laws are held accountable.

What Is a Causal Connection?

A causal connection means your firing happened because you engaged in protected activity. To establish this, we look for:

• Decision-Maker Knowledge: The person who decided to terminate you must have been aware that you engaged in protected activity, and the reason for firing you—or recommending that you be fired—was because you engaged in that protected activity and for no other reason.
• Timing: The protected activity and the termination occurred within three months of each other. This close timing often strengthens the inference of retaliation.
• Pretext: The reason your employer gave doesn’t match the facts or keeps changing.
• Comparative Treatment: Other employees who didn’t complain were treated better.
• Retaliation Patterns: Sudden poor performance reviews, write-ups, or hostility after your protected activity.

If you engaged in protected activity and were fired because you did so, Kaplan Employment Law can gather the proof to connect the dots and prove retaliation.

Employer Defenses in Retaliation Cases

Once you meet the basic requirements for a retaliation claim, the burden can shift to your employer to explain the termination.

The most common employer defense is to claim that your firing had nothing to do with your protected activity, but was instead motivated by legitimate, non-retaliatory reasons—most often, your job performance or a violation of company policy.

This is a very easy hurdle for employers to clear, and in many cases, it can defeat an employee’s claim entirely—unless the employee can prove that the employer’s stated reason is not the real reason. To do that, you must present evidence showing that the real reason for your termination was your protected activity, not the explanation your employer is giving.

Showing Pretext

After the employer offers their explanation, it’s your turn to prove pretext—that the stated reason is false and retaliation was the true motive.

Evidence of pretext can include:

• Emails, messages, or comments showing resentment or hostility after your protected activity
• Sudden, harsher discipline that began only after your complaint or request
• A spotless performance record before your protected activity, followed by negative reviews afterward
• Inconsistent enforcement of policies—for example, if you are late one time after engaging in protected activity and your employer uses that as the reason for your termination, but a coworker who did not engage in protected activity was late once and wasn’t fired, that inconsistency can strongly support your claim
• Shifting or contradictory explanations for your termination

At Kaplan Employment Law, we focus on gathering the right documents, testimony, and timeline evidence to prove pretext and keep your case alive—even after the employer gives what appears to be a legitimate reason.

How to Prove a Retaliation-Based Termination

Strong retaliation cases are built on evidence. Here’s how you can help protect your claim:

1. Document Your Complaint: Keep copies of HR reports, emails, or written complaints.
2. Track the Timeline: Note when you complained and when the termination occurred.
3. Save Relevant Communications: Texts, emails, and memos showing retaliation patterns are crucial.
4. Identify Witnesses: Coworkers who saw or heard retaliation can strengthen your case.

If you engaged in protected activity and were fired because you did so, Kaplan Employment Law will gather the proof needed to fight for your rights.

What You Can Recover

If you were fired for engaging in protected activity, you may be entitled to:

• Back pay and lost benefits
• Future lost earnings
• Emotional distress damages
• Punitive damages in severe cases
• Attorneys’ fees and legal costs

Why Choose Kaplan Employment Law?

• We focus exclusively on employment law
• We specialize in retaliation-based termination cases
• You work directly with your attorney
• We’ve taken on—and beaten—large employers
• Unanimous 5-star reviews

Your employer has a lawyer. You should have one who’s better.