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You are here: Home / Retaliation

Retaliation

Prohibition of Retaliation in the Workplace:

African-American woman. The prohibition of retaliation in the workplace is perhaps the most misunderstood laws by most employees. The classic example is of an employee who reports his/her supervisor for some conduct which violates either an actual policy of the company or is just not “fair” as most of us understand that word, and then the supervisor “retaliates” against that employee in some way, whether it is by formal discipline for every small thing, or by demotion or termination. While that is obvious retaliation as most of us understand the use of that term in normal, everyday life, it is NOT illegal retaliation.

For there to be illegal retaliation, the employee must have complained about discrimination, for example, reporting the supervisor for mistreatment due to the membership by the employee in one of the “protected” classifications listed above.

The employee must make the complaint clear, however, and can’t expect the company to understand without the employee being specific. One of the many examples of an employee NOT being specific is when an employee is not willing to come right out and say they are being treated differently because of their race or gender. This is a mistake because if the complaint is not clear enough for a reasonable person to understand that the complaint is based on membership in one of the “protected” classifications, then the complaint will not be “protected” and any sort of retaliation will NOT be against the law. The reason I hear over and over again from prospective clients about why they did not use the “race card” or they did not use the word “discriminate” or discrimination” is because they were afraid of being labeled a troublemaker or they were afraid for their jobs, or worse, they didn’t want to believe discrimination is what was going on. This is the biggest mistake an employee can make, and if the employee is not going to be specific it is better to just not say anything.

Retaliation can also be illegal if the employee objects to or refuses to participate in the violation of a law, rule or regulation. This is referred to sometimes as “whistleblowing.”

The important point here, however, is that the employer’s actions must be in violation of an actual state or federal law or administrative rule or regulation made by a governmental agency such as the Department of Transportation or the Department of Health and Human Services. This type of claim CANNOT be based on the violation of some corporate policy or rule. The law, rule or regulation must have originated from department or agency of the state or federal government.

A good example of this type of retaliation claim is when an employer retaliates against an employee for reporting an on the job injury. This is perhaps the most frequent type of retaliation claim, which originates from Florida Statute Section 440.205. Most of us believe that if we report an on the job injury or make a claim for workers’ compensation that we will eventually be either terminated or in some other way, experience some sort of other trouble on the job. Unfortunately, this belief is usually correct.

Another example is where an employer is violating a law, like dumping toxic waste into the river, and the employee either refuses to participate in the activity, or reports the activity to the authorities and then the employer finds some reason, usually made up, to fire that employee.

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David Sacks was my lawyer in a custody case many years ago. He treated me with respect and kindness. My children are grown now and I thank him every day for the effort and work he put into my case. He is a very trust worthy person and he has always had my respect throughout the years. ~ Cynthia
I am in final of the case, not allowed to explain details but David B. Sacks is an excellent Attorney, I am very satisfied with his services and professionalism! I highly recommend him. ~ Discrimination Client
I was able to obtain the best legal representation there was available when Mr. Sacks took over my employment case. Due to the nature of the case I had almost lost all hope. Fortunately Mr. Sacks took my case and with a realistic approach obtained all the information necesary to back up my legal petition. He and his office employees know what they are doing and deliver the best outcome possible. They are the best! - Employment Client
Last fall I found myself in a sad predicament; I had to replace my attorney who had originally handled my EEO case. I called/emailed/requested help through attorney personal websites, and the Florida Bar for a replacement within my short deadline. Over sixty attorneys either failed to respond or turned me down. I was than referred to Attorney David Sacks in Jacksonville and four months later this EEO matter was mediated and settled. If you are looking for an attorney who will tell you exactly what you should/should not expect, one that is open and honest, one that keeps you informed so that you always know where you stand, I whole heartedly recommend Mr. Sacks. I hope I never need another attorney, but if I do, I will be calling Mr. David Sacks. ~ Nancy Kineer-Luckey
David B. Sacks, PA - Jacksonville Attorney

About David B. Sacks, PA

Experienced Employment Lawyer in Jacksonville, Florida At the Law Office of David B. Sacks, PA, we provide people with straightforward legal advice and skilled representation in a variety of practice areas. Unlike other firms, we don't tell you what you want to hear, we tell you what you need to hear. Whatever your legal needs are, you can count on us to steer you toward success. Mr. Sacks was born in New York City, New York. He graduated with honors and obtained his Bachelor's degree in 1988 from North Texas State University. He received his Juris Doctorate in 1991 from University of the Pacific, McGeorge School of Law with Honors and Order of the Coif. He was admitted to both the Florida and California Bars in 1992. In 1994, he was admitted to practice in the U. S. District Court, Middle District of Florida. In 1995, … Read More »

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I've known Dave for 10 years. He represented me in a personal injury case and a divorce, both with excellent outcomes. He has advised me in a variety of matters and referred me to professionals in other fields. I have found him to be always warm, considerate and helpful, with clear opinions, simple explanations and a good understanding of all the choices in any situation. I am lucky to have Dave in my life. ~ Paul Mellion, Jacksonville, FL

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I am the fleet manager and Captain for a corporation which owns 2 large yachts in Florida. We employ as many as 35 people sometimes. I need Dave. There's a lot of commotion here and a few times it's come to 'legal.' His advice is sharp, correct, intelligent, and very knowledgeable of Florida employment law. His handling of my situations was not just 'good' but a 'great' 'bang for my buck. ~ Ennals Berl, West Palm Beach, FL

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