Tampa Employment Retaliation Attorneys
Unfortunately, unlawful employment retaliation is not uncommon. Fortunately, employees in Tampa, Florida are protected. You deserve to work in an environment free from unlawful employment retaliation. The experienced employment attorneys at Cantrell Schuette, P.A. take pride in helping employees seek justice against employers who have retaliated illegally.
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Cantrell Schuette, P.A. specializes in employment law and related business disputes, representing all kinds of employees in all types of industries. Whether you are a high-level executive or a non-management employee in Tampa, the seasoned lawyers at Cantrell Schuette, P.A. are here to help.
What is employment retaliation in Tampa, Florida?
Unlawful employment retaliation occurs when an employer takes adverse actions against an employee in response (or “retaliation”) to their engagement in protected activities. These protected activities typically include reporting workplace misconduct, such as discrimination, harassment, or illegal activities, or participating in an investigation related to such misconduct. Employer adverse actions supporting an unlawful retaliation claim can take various forms, including termination, demotion, pay reduction, negative performance evaluations, or any other action that negatively affects the terms and conditions of employment.
Laws Protecting Employees
Retaliation is considered unlawful under both Florida and Federal laws. Multiple Florida laws protect employees in Tampa from wrongful retaliation by their employers, including the Florida Civil Rights Act (FCRA), the Florida Whistleblower Act, and Florida’s Workers’ Compensation Laws. Employees in Tampa are also protected by numerous Federal employment laws such as:
- Title VII of the Civil Rights Act of 1964: This federal law prohibits retaliation against employees who oppose unlawful employment practices, such as discrimination based on race, color, religion, sex, or national origin.
- Age Discrimination in Employment Act (ADEA): The ADEA prohibits retaliation against employees who file complaints or participate in investigations related to age discrimination in the workplace.
- Americans with Disabilities Act (ADA): The ADA protects employees from retaliation for asserting their rights or opposing discriminatory practices related to disability discrimination.
- Family and Medical Leave Act (FMLA): This law provides job protection for eligible employees who take leave for qualified medical or family reasons and prohibits employers from retaliating against employees who exercise their rights under the FMLA.
- Occupational Safety and Health Act (OSHA): OSHA protects employees who report unsafe working conditions or engage in protected activities related to workplace safety from retaliation.
- Sarbanes-Oxley Act (SOX): SOX safeguards employees of publicly traded companies from retaliation for reporting suspected fraud, securities violations, or other unlawful activities.
- Whistleblower Protection Act (WPA): The WPA shields federal employees from retaliation for disclosing government misconduct, waste, fraud, or abuse.
Contact Our Attorneys
If you believe you have experienced retaliation, you should consult with a reliable Tampa retaliation lawyer. The experienced employment lawyers of Cantrell Schuette, P.A. are prepared to help you understand your rights, gather evidence, and pursue legal action if necessary. Contact our team today for a free initial consultation at (813) 705-6275 or coordinator@lawcantrell.com.
What are some examples of employer adverse actions constituting unlawful retaliation?
Unlawful employment retaliation refers to actions taken by an employer against an employee in response to the employee engaging in protected activities, such as reporting illegal behavior or filing a complaint. Here are some examples of unlawful employment retaliation:
Common Examples of Retaliation
- Termination: An employer fires an employee shortly after the employee files a complaint against the company for discrimination or harassment.
- Demotion: An employer demotes an employee from their current position to a lower position or reduces their responsibilities after the employee participates in a union organizing campaign.
- Harassment: An employer subjects an employee to persistent verbal abuse, intimidation, or hostile treatment after the employee reports safety violations in the workplace.
- Salary reduction: An employer reduces an employee’s salary or withholds a scheduled raise as retaliation for the employee asserting their rights under employment laws or reporting illegal activities within the company.
- Negative performance reviews: An employer gives an employee unjustifiably negative performance evaluations or unfairly lowers their performance ratings in retaliation for engaging in protected activities.
- Undesirable work assignments: An employer intentionally assigns an employee to undesirable tasks, shifts, or locations as a form of retaliation for engaging in protected activities.
- Blacklisting: An employer engages in blacklisting by preventing an employee from obtaining future employment opportunities in the industry as retaliation for whistleblowing or reporting illegal activities.
- Negative references: An employer provides false or misleading information about a former employee to potential employers as a means of retaliation.
Legal Guidance
It is important to note that laws and regulations regarding employment retaliation are complex and can be highly fact specific. If you believe you have experienced unlawful employment retaliation, it is advisable to consult with an employment retaliation to understand your rights and legal options. Contact Cantrell Schuette, P.A.’s knowledgeable employment retaliation attorneys today for a free initial consultation at (813) 705-6275 or coordinator@lawcantrell.com.
How do I prove my employment retaliation claim?
To establish a claim of retaliation, an employee typically needs to demonstrate three key elements:
- Engagement in protected activity: The employee engaged in an activity protected by law, such as reporting discrimination, participating in an investigation, or filing a complaint.
- Materially adverse action: The employer took an adverse action against the employee, such as termination, demotion, or other actions that negatively affected the terms of employment.
- Causal connection: There is a causal connection between the protected activity and the adverse action, meaning that the employer took the action because of the employee’s engagement in the protected activity.
Speak With an Attorney
It’s important for employees who believe they have experienced retaliation to consult with an employment lawyer to understand their rights, the applicable laws in Tampa, and the available recourse options. For a free initial consultation, please reach out to us today at (813) 705-6275 or coordinator@lawcantrell.com.
What should I do to prepare for an employment retaliation claim?
If you are an employee in Tampa, Florida who believes they were subjected to unlawful retaliation by your employer, your best course of action is to consult a reputable Tampa employment attorney about your options. They can evaluate the strength of your case, guide you through the legal process, and help you understand your rights and options. If your employer’s adverse employment action against you was the result of you engaging in a protected activity, you can sue your employer.
Steps to Prepare Your Case
Besides contacting an employment attorney, here are some general steps you might consider in preparing for an employment retaliation lawsuit against your employer in Tampa, Florida:
- Document everything: Keep a detailed record of all incidents, conversations, emails, and any evidence related to the alleged retaliation. This can include dates, times, locations, individuals involved, and descriptions of what occurred. This documentation can be invaluable in building your case.
- Review company policies: Familiarize yourself with your company’s policies and procedures, particularly those related to retaliation and complaint processes. Ensure you have a clear understanding of your rights and obligations as an employee.
- Preserve evidence: Safeguard any evidence that supports your claim. This could include emails, text messages, voicemails, photographs, or any other relevant documentation. Back up electronic evidence and make sure it is secure.
- Gather witnesses: Identify any colleagues or individuals who may have witnessed the incidents or have relevant information. Talk to them discreetly and ask if they would be willing to provide statements or testify on your behalf.
- Maintain professionalism: Throughout the process, it’s important to remain professional in your interactions with colleagues and superiors. Avoid any actions or behaviors that could be interpreted as retaliation on your part, as it could harm your case.
Contact Our Team
Remember, the steps you need to take may vary depending on the specific circumstances of your situation. It’s crucial to consult with an employment attorney who can provide tailored advice based on the laws in Tampa, Florida.
Contact Cantrell Schuette, P.A.’s outstanding team of lawyers today for a free initial consultation at (813) 705-6275 or coordinator@lawcantrell.com.
What Our Clients Say
About Cantrell Schuette - Tampa Employment Retaliation Law Firm
Due to our excellent credentials, extensive experience, and compassion for our clients, our attorneys stand out among other employment lawyers in Tampa. Each of our employment law attorneys has over a decade of experience, graduated in the top 10% of their law school class, or attended an Ivy League law school. Our team even teaches employment law seminars to other attorneys in Florida.
Speak With an Experienced Attorney Today
We have extensive experience representing employees in retaliation suits with a demonstrated history of success. Most of our clients see substantial monetary recovery for their retaliation claims. If you are in need of a Tampa employment retaliation attorney, contact us today at (813) 705-6275 or coordinator@lawcantrell.com for a free consultation.
Frequently Asked Questions
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What constitutes a hostile work environment in Florida?
The U.S. Supreme Court has long held that workplace sexual harassment is a form of unlawful discrimination under Title VII of the Civil Rights Act. Meritor Sav. Bank, FSB v. Vinson, 477 U.S. 57 (1986) .
In order to establish a claim for sexual harassment, a plaintiff must establish that: (i) the harassment occurred because of his or her sex; and (ii) the harassment was sufficiently severe or pervasive and created an abusive working environment.
According to the U.S. Supreme Court, harassment is sufficiently severe or pervasive when it is “so offensive as to alter the conditions of the victim’s employment.” Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75, 81 (1998) .
This standard is obviously vague. In applying the standard, federal courts have articulated several factors to consider. Although these factors vary slightly among courts, most consider:
- The frequency of the conduct.
- The severity of the conduct.
- Whether the conduct is physically threatening or humiliating, or a mere offensive utterance.
- Whether the conduct unreasonably interferes with the employee’s job performance.
To illustrate, courts generally agree that a kiss on the lips by a supervisor can be sufficient to establish a sexual harassment claim. Although this may be an isolated incident, courts also typically acknowledge that there are few actions more offensive than an unwanted kiss by a supervisor. Additionally, any unwanted touching by a supervisor that is sexual in nature is not only a possible sexual harassment claim but may also constitute an unlawful sexual assault.
On the other hand, courts generally hold that a small handful of sexually related comments, even if directed towards the employee, are generally not sufficient to establish a sexual harassment claim. For example, in Scott v. Pizza Hut of American. Inc., 92 F. Supp. 2d 1320 (M.D. Fla. 2000) a Florida federal court held that a female pizza driver in Tampa was subject to sexual harassment when co-workers implied she was a prostitute or needed to “go out and get some sex”, because the conduct was not physically threatening or sufficiently humiliating, and conduct did not unreasonably interfere with her job performance.
The following is a non-exhaustive list of actions that are unacceptable in the workplace and may constitute unlawful sexual harassment or unlawful sexual assault under certain circumstances:
- Unprompted comments or questions that are sexual in nature
- Sex jokes
- Unwanted physical contact of a sexual nature (e.g., kisses, hugs, butt or genital touching, rape)
- Pressing parts of one’s body against another in any sexual way
- Repeatedly asking someone else
- Repeated compliments on someone’s looks
- Asking for sexual favors
- Inappropriate communications after work hours
- Repeatedly asking someone out on a date
- Surprise dates under the pretense of a “work meeting”
- Suggestive text messages or emails
- Unwanted or inappropriate gifts of a romantic nature
If you believe you are a victim of workplace sexual harassment in Tampa or Hillsborough County, Florida, contact us immediately at (813) 705-6275 or emailing us at coordinator@lawcantrell.com.
What to do if you are sexually harassed at work?
If you have experienced sexual harassment at work, inform your employer and as appropriate, your supervisor(s) and HR. Ideally, verbal complaints should also be memorialized in a follow-up written complaint.
If the unwanted conduct does not cease, or if the conduct was so severe that you feel an attorney is needed, contact Cantrell Schuette, P.A. and speak with one of our Tampa employment lawyers. Initial consultations are free. Call today at (813) 705-6275 or emailing us at coordinator@lawcantrell.com.
Can you sue your employer for sexual harassment by a co-worker or third-party (such as a customer or contractor)?
Yes. A claim for sexual harassment under Title VII of the Civil Rights Act is not limited to only harassment by supervisors or business owners. Employers can also be held liable for harassment by non-management, including co-workers and even third parties such as customers and contractors.
The legal test for whether a company can be liable for sexual harassment by someone who is not in management includes two questions: First, did the company know or the company should have known about the sexual harassment? Secondly, if so, did the employer then take immediate and appropriate corrective action?
Tampa employers have a legal obligation to stop workplace sexual harassment that they know about or should have reasonably known about and can be held liable if they do not fulfill this obligation.
What if you quit your job after sexual harassment?
An individual can sue their employer for sexual harassment even if the individual quit their job under the concept of constructive discharge. In establishing constructive discharge, an individual must demonstrate that the workplace conditions were so unacceptable that a reasonable person would also feel compelled to resign.
How does the EEOC and FCRA processes work for sexual harassment claims?
Individuals who want to file a workplace sexual harassment lawsuit are required by law to first file a complaint (a “Charge of Discrimination”) and complete the EEOC review process under Title VII of the Civil Rights Act. We strongly recommend that individuals retain an employment attorney to assist them in the EEOC process and ensure that all the appropriate information is provided and that all appropriate claims are asserted. In Florida, may also file a claim with the Florida Commission on Human Relations under the FCRA.
Depending on the circumstances, there will be either a 180-day or 300-day statute of limitations on filing a complaint with the EEOC. This means you will have 180 days or 300 days from the date the harassment occurred to file a claim with the EEOC. Under Florida law, you will have 365 days from the date the harassment occurred to file a claim under the FCRA with the Florida Commission on Human Relations. Similarly, to the EEOC, this requires an administrative process prior to filing a lawsuit.
After a complaint is filed, the EEOC will notify the employer and provide the employer 10 days to respond to the complaint.
An EEOC investigator will conduct an investigation into the harassment and will then make a finding on the merits of the sexual harassment claim. One of two potential results is possible:
- If the EEOC states that they are unable to conclude that there is reasonable cause to believe that unlawful sexual harassment occurred, the complaining party and employer will be issued a notice called a Dismissal and Notice of Rights. This notice informs the complaining party that he or she has the right to file a lawsuit in federal court within 90 days.
- If the EEOC states that based on their investigation, there is reasonable cause to believe unlawful sexual harassment occurred, the EEOC will issue a Letter of Determination stating their conclusion and inviting the parties to join the EEOC in resolving the complaint through an informal process known as conciliation.
If a lawsuit is filed, it can often take one to two years to complete the entire lawsuit process, which may include a trial. Formal mediation also typically happens after a lawsuit is filed, providing the parties with another opportunity to resolve the dispute. Most claims of sexual harassment are resolved before trial. However, if an employer is unwilling to provide fair compensation, then a trial may be the best option to pursue.
The employment lawyers at Cantrell Schuette, P.A. have substantial experience with the EEOC and FRCA complaint processes and a track record of successfully resolving sexual harassment lawsuits on behalf of clients in Tampa and throughout Florida. As the complaint process can be quite complex, we strongly advise potential clients to speak with an attorney prior to filing a complaint.
Contact us today by calling (813) 705-6275 or emailing us at coordinator@lawcantrell.com.
What damages are recoverable for workplace sexual harassment?
Damages available for workplace sexual harassment claims depend on the circumstances and can vary from case to case. Generally, the following types of damages may be recoverable under federal law:
- Back pay
- Cost incurred related to the lawsuit
- Out of pocket costs associated with finding new employment
- Mental anguish
- Attorneys’ fees
- Fringe Benefits that would have been received
- Punitive damages
How to contact a Tampa hostile work environment lawyer?
Cantrell Schuette, P.A. Tampa employment law attorneys are experienced in representing victims of sexual harassment. For a free consultation, contact us at (813) 705-6275 or emailing us at coordinator@lawcantrell.com.