Retaliation is one of the most common — and most powerful — employment law claims available to workers in Southwest Florida. When an employer punishes an employee for exercising a legal right, reporting a workplace violation, or participating in a legal proceeding, that employer is committing retaliation — and the law provides significant remedies for those who have been victimized.
What makes retaliation claims particularly important is that they are often stronger and more provable than the underlying violation that triggered the retaliation. Even when the original complaint of discrimination, harassment, or wage theft is difficult to prove, the employer’s retaliatory response — a sudden termination, demotion, or hostile change in working conditions — frequently speaks for itself.
Darrin M. Phillips is one of a small number of Florida Bar Board Certified specialists in Labor and Employment Law in Southwest Florida — and one of the few attorneys in this region whom the Florida Bar authorizes to identify himself as an expert in this field. He has been fighting for the rights of retaliation victims throughout Southwest Florida for 30 years. If your employer has punished you for speaking up, Phillips Law Firm can help.
What Is Workplace Retaliation?
Retaliation occurs when an employer takes an adverse employment action against an employee because the employee engaged in legally protected activity. An adverse employment action includes termination, demotion, reduction in pay or hours, negative performance evaluations, reassignment to less desirable duties, harassment, or any other action that would discourage a reasonable employee from exercising their legal rights.
Protected activity includes:
- Reporting discrimination or harassment to a supervisor, HR department, or government agency
- Filing a charge with the EEOC or the Florida Commission on Human Relations (FCHR)
- Participating in an investigation or lawsuit involving discrimination or harassment
- Requesting or taking FMLA leave
- Filing a workers’ compensation claim
- Reporting wage and hour violations
- Reporting workplace safety violations
- Reporting fraud or illegal conduct by the employer
- Refusing to participate in illegal activity
Retaliation is independently illegal — meaning you have a valid claim even if the underlying complaint is not proven, as long as it was made in good faith.
Common Retaliation Scenarios We Handle
Reporting Discrimination or Harassment — Employees are protected under federal and Florida law when reporting workplace discrimination or harassment. Punishment for reporting is illegal retaliation.
Taking FMLA Leave — Employers may not punish employees for requesting or taking protected medical leave.
Reporting Wage and Hour Violations — The FLSA prohibits retaliation for complaining about unpaid wages or overtime violations.
Filing a Workers’ Compensation Claim — Florida law prohibits adverse action against employees for filing workers’ compensation claims.
Whistleblowing — Employees reporting illegal conduct, fraud, or safety violations are protected under state and federal whistleblower laws.
Proving Retaliation
To establish a retaliation claim, an employee generally must show:
- They engaged in protected activity
- The employer took an adverse employment action
- A causal connection between the two
Timing is often critical — adverse action shortly after a complaint can strongly support causation. Other evidence includes shifting explanations, sudden performance issues, or inconsistent employer behavior.
What Compensation Can You Recover?
- Back pay — lost wages from the retaliatory action
- Front pay — future lost earnings where reinstatement is not possible
- Compensatory damages — emotional distress and related harm
- Punitive damages — in egregious cases
- Attorney’s fees and costs
- Reinstatement
Contact Us Today
If you believe your employer has retaliated against you for exercising your workplace rights, do not delay. Retaliation claims are subject to strict deadlines and early action is critical to preserving evidence.
Call Phillips Law Firm today at (239) 262-4180 for a free and confidential consultation, or reach us through the Contact page.
Phillips Law Firm represents retaliation victims throughout Southwest Florida, including Naples, Marco Island, Bonita Springs, Estero, Fort Myers, Cape Coral, Immokalee, and surrounding communities across Collier, Lee, Charlotte, Hendry, and Glades counties.