MIAMI, FL – Workplace retaliation has been the most common type of charge filed with the U.S. Equal Employment Opportunity Commission (EEOC) for seventeen consecutive years, with more than 42,000 charges filed in fiscal year 2024 alone. Miami workplace retaliation attorney Anisley Tarragona of BT Law Group, PLLC (https://btattorneys.com/florida-workplace-retaliation/) explains what qualifies as retaliation, which employee activities are legally protected, and how to recognize early warning signs of unlawful conduct in the workplace.
According to Miami workplace retaliation attorney Anisley Tarragona, retaliation occurs when an employer takes an adverse employment action against a worker for engaging in a legally protected activity. While Florida is an at-will employment state, that rule does not give employers the right to punish workers for exercising legally protected rights. “An adverse action is any change that would discourage a reasonable person from exercising their rights,” Tarragona explains. “It is not limited to termination. It includes demotion, pay reduction, schedule changes, exclusion from meetings, and unwarranted discipline.”
Miami workplace retaliation attorney Anisley Tarragona notes that protected activities span both federal and state law. Title VII of the Civil Rights Act covers employees who oppose discrimination based on race, color, religion, gender, or national origin. The Americans with Disabilities Act protects workers who request reasonable accommodations. The Family and Medical Leave Act covers those who request or take qualified medical leave, and the Fair Labor Standards Act protects employees who file wage and hour complaints or report unpaid overtime.
The firm explains that Florida’s Private Sector Whistleblower Act, codified at Florida Statutes Section 448.102, provides additional protections for employees who disclose, testify about, or refuse to participate in employer conduct that violates a law, rule, or regulation. Jason D. Berkowitz of BT Law Group adds that timing is one of the strongest indicators of retaliation. “When an adverse action closely follows a protected activity, that proximity may support an inference of retaliatory intent,” Berkowitz advises. “Courts in the Eleventh Circuit recognize close temporal proximity as part of the causal evidence in a retaliation claim.”
To establish a retaliation claim, an employee must typically prove three elements: that the employee engaged in a protected activity, that the employer took an adverse employment action, and that a causal connection exists between the two. Filing deadlines vary by claim. Federal charges through the EEOC must be filed within 300 days; FCHR complaints allow 365 days; and Florida whistleblower claims must be filed within two years of discovering the retaliatory act or four years of the act itself.
Attorney Tarragona points out that retaliation can appear in subtle forms designed to gradually undermine a worker’s position. Demotions without legitimate business reasons, transfers to less desirable shifts, sudden negative performance reviews after positive ones, and exclusion from projects all may qualify. “Documentation matters from the moment you engage in a protected activity,” she emphasizes. “Save emails, write down each incident with dates and witnesses, and preserve copies of performance reviews and any disciplinary records.”
The firm explains that prevailing employees in retaliation claims may recover back pay, front pay if reinstatement is not practical, compensatory damages for emotional distress, and punitive damages when the employer’s conduct was willful or reckless. Federal law caps combined compensatory and punitive damages based on employer size, ranging from $50,000 for employers with 15 to 100 employees to $300,000 for those with more than 500. Under the Florida Private Whistleblower Act, employees may also recover reinstatement, back wages, lost benefits, and reasonable attorney’s fees and costs.
“Pretext evidence is often what carries a retaliation case,” Tarragona observes. “Positive performance reviews followed by sudden negative evaluations, inconsistent application of workplace policies, and shifting employer explanations can all show that the stated reason for the adverse action was not the real reason.”
For workers who suspect retaliation is underway, attorney Tarragona recommends documenting every incident immediately, submitting a written internal complaint where appropriate, and consulting employment counsel before filing with the EEOC or FCHR. Early action and thorough records help preserve the strongest possible claim.
About BT Law Group, PLLC:
BT Law Group, PLLC is a Miami-based law firm focused on employment law matters throughout Miami-Dade County and South Florida. Led by founding partners Jason D. Berkowitz and Anisley Tarragona, the firm represents employees in retaliation, discrimination, wage and hour, and wrongful termination cases. The office is located at 3050 Biscayne Boulevard, Suite 205, Miami, FL 33137. For consultations, call (305) 507-8506.
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Phone: (305) 507-8506
Address:3050 Biscayne Blvd STE 205
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Website: https://btattorneys.com/