Derek Smith Law Group / Employment Law Attorneys / Workplace Retaliation / Workplace Retaliation Attorneys in Miami

Workplace Retaliation Attorneys in Miami

Based on 500+ Select Nationwide Reviews

Free Case Review

The Fee Is Free Unless You Win.
Top Rated Employment Law Firm
Protecting Families Since 1995
$400 Million Won

TABLE OF CONTENTS

What Is Retaliation in the Workplace in Miami?
Contact Our Experienced Miami Workplace Retaliation Attorneys for a Free Consultation

Retaliation in the workplace in Miami is when an employer, supervisor, manager, or CEO punishes an employee or job applicant for following the law and reporting illegal activity or standing up to illegal practice. These punishments are also known as adverse employment actions and are illegal. For over 25 years, the experienced attorneys at the Derek Smith Law Group have helped victims of retaliation in Miami receive the compensation they deserve.

What Is Retaliation in the Workplace in Miami?

Retaliation in the workplace in Miami occurs when an employee works to follow the law and report unlawful activity and is then subsequently fired, demoted, or punished in some way by his or her employer, supervisor, manager, CEO, or even fellow employee. This is known as an adverse employment action, and can come in the form of:

Increased scrutiny
Verbal or physical abuse
Continued harassment
Unfavorable performance evaluations
Disciplinary action of any kind
Termination
Demotion
Blacklisting
Transferring the employee to a less desirable position
Making the employee’s work more difficult
False rumors
Treating a family member negatively
Purposefully changing his or her work schedule to conflict with family responsibilities

Reporting discrimination, sexual harassment, or criminal activity, or refusing to participate in these acts, is protected by several federal and state laws, including Title VII of the Civil Rights Act of 1964 and the Florida Civil Rights Act, among other laws and statutes. Furthermore, you do not need to win your discrimination claim, or even have a discrimination claim, to be retaliated against and win that claim against your employer.

What Evidence Is Needed to Prove Workplace Retaliation in Miami?

In order to prove retaliation, you must prove that you reported an incident or concern and then your company found a way to punish you.

The cause and effect must occur within a reasonable time to one another, preferably a week or two or less. This relationship can be shown in one of three ways.

Direct Evidence. This is the type of evidence that everyone wishes to have and is the most difficult to obtain. This is often called the “smoking gun” evidence. It is when you obtain verbal or written communication directly or indirectly which states that you were punished for reporting illegal activities or legal violations.

Disparate Evidence. Disparate evidence is a cause and effect relationship between the reporting of activities or standing up against violations of employment laws and the punishment or adverse employment action that results. For instance, when an employee or job applicant can show that he or she was treated poorly or terminated, demoted, or experienced any other negative employment action within days or a week or two after filing a report with HR or some other entity, then the employee likely has disparate evidence of retaliation.
Policy Evidence. Policy evidence is exactly as it sounds. A policy may be inherently retaliatory. For instance, your company may have a policy that all new mothers are to only be allowed to work 20 hours per week. That is actually retaliation against women for having a baby and can be a violation of the law. This is policy evidence and can be used to show retaliation in court.

What Are Examples of Workplace Retaliation in Miami?

Here are some examples of how you can be a victim of workplace retaliation.

An employee joins the union. Three days later, the employee’s hours are reduced to half the hours he normally works.
A new dad applies to take FMLA and is denied. He files an appeal and wins. While using FMLA, he is fired from his position.
An employee agrees to testify against his supervisor for forcing employees to retire at age 65. The employer sends a notice to all other employers in the field that requests backlisting the employee so he cannot find any other work.
An employee is demoted because she refused sexual advances from her manager.
An employee’s pregnancy starts to show. Within 2 days, she sees she is only on the schedule for 3 days a week instead of full-time. She complains to HR about the change. Then she notices she is reduced to working one day a week.
A man’s wife is in the military and his deployed on a mission. He asks his employer to keep his schedule the same and please do not schedule him for any starting time prior to 7:30 am so he can get his kids to school. His employer schedules him for a 7 am starting time for the entire week following. He then proceeds to discipline the employee when he is late. As a result of this action, the employee is terminated.
A co-worker spreads false rumors about an employee because the employee reported him for harassment to HR.
An employer files a lawsuit against an employee preemptively because the employee reported the employer to HR for sexual harassment.
An employee is written up for leaving her desk three times in a day. For five years, this employee or any other employee had been able to walk away from their desks numerous times in a day without a problem. Two days before this write-up, the employee agreed to testify against his supervisor in a religious discrimination lawsuit.
A job applicant says in an interview that she will not shred documents related to cases she knows to be open. She is not hired because she refuses to participate in destroying evidence.

What Is the Statute of Limitations to File a Retaliation Claim in Miami?

Retaliation in the workplace in Miami can be the result of any number of legal violations. If the cause is related to discrimination, a claim must be filed with the Equal Employment Opportunity Commission (EEOC) within 300 days of the incident. However, if the case is the result of a whistleblower claim or sexual harassment, the time limit to file a lawsuit will be longer. The standard time limit to file a claim for retaliation in Miami can be between 300 days and 3 years or more, depending on the reason eh retaliation occurred.

What Remedies Are Available to Victims of Workplace Retaliation in Miami?

If you are the victim of workplace retaliation in Miami, you deserve justice. The courts may award any of the following relief to help you get the justice you deserve:

Reinstatement of employment and/or benefits
Reinstatement of position, salary, and/schedule
Reimbursement of medical and other related expenses
Reimbursement of benefit premiums
Termination or reassignment of the person responsible for retaliation
Review and revamping of policies and procedures
Back pay
Future pay
Attorney’s fees
Pain and suffering
Emotional distress
Punitive damages

Testimonials

Hear From Our Valued Clients

Discover how our expertise has helped clients overcome their legal challenges and achieve successful outcomes.

Olivia is the best! Oliva was very thorough, patient, and very detailed and descriptive regarding the process. She was very supportive of my sexual harassment case. From the very beginning, she communicated and would provide me with any updates and she was always available when I needed anything. More importantly, she always extended that comfort level of trust which always made me feel at peac... Read Full Testimonial

Desirae Gallardo

Casey Barkhordarian is a fabulous attorney to work with. He explained everything to me about the case (including the millions of questions I asked) right from the start of our very first meeting. He did so in a way that I could understand and was very prompt and clear with communication the entire time. Casey Barkhordarian is a very competent and knowledgeable lawyer to have on your team. I def... Read Full Testimonial

Chelsi Ferrini

Matt Finkleberg is by far the best attorney I’ve ever hired! From the outset, it was evident that he was not just another lawyer; Matt is nothing short of extraordinary. He possesses the ability to do his job phenomenally while somehow managing to give me hope during one of my darkest of hours. Matt consistently returned my calls promptly, regardless of my questions, confusion, or self-doubt ... Read Full Testimonial

Tanya Scheer

I cannot speak highly enough about my experience working with Matt Finkelberg. From the very beginning, Matt approached my case with an incredible level of professionalism, knowledge, and dedication that immediately put me at ease. It is rare to find an attorney who not only possesses an impressive depth of legal expertise but who also truly cares about the well-being and best interests of thei... Read Full Testimonial

Keely Mettlen

Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonialwon't be disappointed! 10/10

Rae Millstone

This law firm is absolutely amazing!!! They went so above and beyond for me!!! I am so grateful for all their help with my difficult case!!! If you need a lawyer, you will be in great hands with their firm!!! And wait until you see the office! The building is so high tech I couldn't figure out how to get in the elevator lol!

Stacey Marie Norton

It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial

Corey Kientz

matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough

Seedie Whiser

matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough 🙂

Seedie Whiser

Matt handled a suit against the City of LA and members of the a Neighborhood Council for racial discrimination and harassment. Ths was the first suit of this type filed on a Neighborhood Council Matt handled it with poise and above all professionalism. He walked me through the 3 year process and above all provided moral support and encouragement as I still experienced racism and harassment duri... Read Full Testimonial

Anthony Scearce

Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial

Jessica Gonzalez

Corey Kientz

Get Help for Workplace Discrimination

Our dedicated attorneys are ready to fight for your workplace rights and ensure justice!

Free Consultation 800 807 2209

How Long Will a Workplace Retaliation Lawsuit in Miami Take to Resolve?

A workplace retaliation lawsuit in Miami may take anywhere from 4 to 6 months to a year or more to resolve. If your employer is willing to negotiate a settlement that you and your attorney deem fair, your case may settle in only 4 to 6 months. However, if your employer refuses to negotiate or wishes to go to trial, the case may take anywhere from a year or more to prepare for trial and to obtain a judgment in court.

A Few Things You Can Do Right Now

If you are the victim of retaliation in the workplace, here are few things you can do right now to help as you decide to file a complaint.

Contact an experienced Miami workplace retaliation attorney immediately.
If you have not been fired, do not quit your job.
If your company has an HR department, report the retaliation immediately.
If your company has a policy for reporting retaliation, follow it.
Gather evidence. Make sure you document each incident, including what occurred, who was involved, when and where it occurred, and any witnesses to the incidents.
Do not waste time. Your time to file a lawsuit or claim is limited. Do not waste time and miss your statute of limitations.

Verdicts & Settlements

Our results speak for themselves

$4.9 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Catherine Lowry Schuylkill County, Pennsylvania The Derek Smith Law Group secured a $4.9 million settlement on behalf of multiple employees of Schuylkill County who came forward with allegations of sexual harassment,…

$1.5 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$2.78 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Zachary Holzberg United States District Court, Eastern District of New York…

$4.050 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$1.6 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, Appellate…

Contact Our Experienced Miami Workplace Retaliation Attorneys for a Free Consultation

Employees have the right to report illegal activity or refuse to participate in activities they know to be against the law. If you are the victim of workplace retaliation in Miami, the experienced attorneys at the Derek Smith Law Group can help.

Call us today at (305) 946-1884 for a free consultation. We do not collect any money until you win your case.

Our Attorneys

Serving Major Cities Across the United States

Our experienced legal team provides reliable services in key U.S. cities, ensuring expert assistance for workplace discrimination and employment law matters wherever you are located.