Employer Retaliation Lawyer in Miami

Over 50 Years of Combined Experience Fighting Retaliation Claims for Miami Workers

When an employer punishes you for reporting discrimination, filing a wage complaint, or exercising a legal right, that punishment is retaliation, and it’s illegal. Florida’s at-will employment status doesn’t strip workers of these protections. At Remer, Georges-Pierre & Hoogerwoerd, PLLC, we represent Miami employees in employer retaliation claims under Florida and federal law, drawing on over 50 years of combined employment law experience. We offer free initial consultations and handle every case on a contingency fee basis, meaning you owe us no legal fees unless we recover compensation for you. We serve clients in English and Spanish.

If you believe your employer retaliated against you, call us at (877) 757-2828 to speak with a Miami employer retaliation attorney at no charge.

What Counts as a Protected Activity

Retaliation law protects employees who engage in a protected activity, meaning an action the law specifically shields from employer punishment. The range of covered activities is broader than most workers realize.

• Reporting workplace discrimination: Opposing or reporting discrimination based on race, color, sex, religion, national origin, age, or disability is protected under Title VII of the Civil Rights Act and the Florida Civil Rights Act (FCRA).
• Filing a wage complaint: Complaining about unpaid wages or overtime violations is protected under the Fair Labor Standards Act (FLSA). Because the FLSA’s anti-retaliation provision prohibits “any person” from retaliating against “any employee,” these protections can apply even when the employer isn’t otherwise covered by the FLSA for wage purposes.
• Taking FMLA leave: Requesting or using FMLA leave is protected activity; employers can’t penalize eligible employees for exercising this right.
• Filing a workers’ compensation claim: Under Fla. Stat. 440.205, employers can’t discharge, threaten, or coerce an employee for filing or indicating intent to file a workers’ compensation claim.
• Whistleblower reporting: Reporting an employer’s violation of a law or regulation to an appropriate authority is protected under Florida’s private-sector Whistleblower Act, Fla. Stat. 448.102, for employers with 10 or more employees.
• Internal complaints: A complaint made to a supervisor or HR can qualify as protected activity, even without a formal agency filing, as long as the employee had an objectively reasonable belief that a law was being violated.
• Participating in an investigation: Employees who testify in a workplace investigation or participate in EEOC proceedings on a coworker’s behalf are also protected.

Adverse Actions & the Prima Facie Retaliation Standard

A retaliation claim doesn’t require a termination. An adverse employment action is any employer conduct that would deter a reasonable employee from reporting misconduct or asserting a legal right. Termination is the most obvious example, but demotion, pay cuts, unwarranted discipline, hostile schedule changes, negative performance evaluations, and reassignment to less desirable duties all qualify.

To establish a prima facie retaliation claim, an employee must demonstrate three things: the employee engaged in a protected activity, the employer took a materially adverse action, and there was a causal connection between the two. Causal connection is often shown through circumstantial evidence: the close timing between a complaint and a demotion, a sudden shift in performance reviews after years of clean history, or inconsistent explanations from the employer. Florida courts apply the same framework to retaliation claims under both Title VII and the FCRA.

Filing Deadlines for Miami Retaliation Claims

Deadlines vary by statute, and missing one can permanently bar an otherwise valid claim. The following reflects general information under current law; your specific situation may differ, so speaking with an attorney early is critical.

• Title VII & ADEA: Miami employees must file an EEOC charge within 300 days of the retaliatory act when dual-filing with the Florida Commission on Human Relations (FCHR). The EEOC and FCHR maintain a dual-filing agreement, so a single filing typically satisfies both agencies. After the EEOC issues a Notice of Right to Sue, you have 90 days to file in the U.S. District Court for the Southern District of Florida.
• Florida Civil Rights Act: A complaint may be filed with the FCHR within 365 days of the alleged violation under Fla. Stat. 760.11.
• FLSA retaliation: No administrative charge is required. The statute of limitations is two years from the adverse action, or three years for willful violations.
• Florida Whistleblower Act: Claims must be brought within the earlier of two years after discovering the retaliatory action or four years after it occurred, under Fla. Stat. 448.103.
• Miami-Dade County Human Rights Ordinance: This local ordinance provides an additional layer of anti-retaliation protection for employees working in Miami-Dade County, beyond what state and federal law require.

Remedies Available in a Successful Retaliation Case

Employees who prove employer retaliation can recover meaningful relief. Back pay covers lost wages and benefits from the date of the adverse action through judgment. When returning to the job isn’t practical, courts may award front pay in place of reinstatement. Compensatory damages are available for emotional distress and mental anguish, and punitive damages may apply under Title VII when the employer acted with malice or reckless indifference, subject to statutory caps of $50,000 to $300,000 depending on employer size. Under Title VII and the FCRA, prevailing employees may also recover attorney fees and costs. Florida’s private-sector Whistleblower Act adds remedies, including reinstatement, restoration of seniority and benefits, and other compensatory damages available at law.

Why Miami Employees Work With Remer, Georges-Pierre & Hoogerwoerd, PLLC

Our attorneys bring over 50 years of combined experience in Florida and federal employment law to every retaliation case we take. We’ve recovered millions for clients across Florida and earned an AV Preeminent rating from Martindale-Hubbell, the highest peer-review distinction in the legal profession. We’re members of the Dade County Bar Association and the National Employment Law Association (NELA). We represent employees throughout Miami-Dade County, Broward County, Palm Beach County, Monroe County, and the broader South Florida area. We handle cases in both English and Spanish, so language is never a barrier to sound legal counsel. And because we work on a contingency fee basis, you don’t pay legal fees unless we recover compensation for you.

Get a Free Consultation on Your Miami Retaliation Claim

Retaliation claims carry strict filing deadlines, and acting early can help protect your ability to pursue a claim before those deadlines close your options. Contact Remer, Georges-Pierre & Hoogerwoerd, PLLC for a free initial consultation with no obligation. If we take your case, you pay no legal fees unless we recover compensation for you.

Call (877) 757-2828 or use our online contact form to schedule your free consultation today.