Whistleblower

Employment Law

Retaliation & Whistleblower Protections

You have the right to speak up at work—whether it’s to report discrimination, request medical leave, or call out illegal practices. Both federal and Florida laws protect employees from retaliation when they assert their legal rights or report wrongdoing.

We represent employees who have experienced retaliation or whistleblower mistreatment, and employers who need guidance or defense in response to retaliation claims.

What Is Workplace Retaliation?

Retaliation occurs when an employer takes negative action against an employee for engaging in a legally protected activity. That can include:

Reporting discrimination or harassment
Filing a complaint with the EEOC or FCHR
Requesting reasonable accommodations under the ADA
Taking FMLA leave
Filing a wage or overtime claim under the FLSA
Reporting safety violations or illegal conduct
Participating in an internal or government investigation

Retaliation can take many forms, including:

Termination or demotion
Unjustified discipline or write-ups
Pay cuts or schedule changes
Exclusion from meetings or projects
Hostile work environment after the report

Florida Whistleblower Laws

Florida offers additional protections beyond federal laws, through the Florida Whistleblower Act:

Florida Private Sector Whistleblower Act

Protects employees who disclose, object to, or refuse to participate in illegal conduct by their private employer.

Florida Public Sector Whistleblower Act

Applies to government employees and protects those who report gross mismanagement, abuse of authority, or violation of law.

To be protected under these statutes, the employee often must follow specific reporting procedures—so getting legal advice early is key.

For Employees: Know Your Rights

Retaliation claims often arise from poor documentation or rushed decision-making. We help employers:

Respond to internal complaints the right way
Document performance issues clearly and lawfully
Train supervisors on handling employee concerns
Navigate DOL, EEOC, and OSHA investigations
Defend against retaliation or whistleblower lawsuits
Develop internal reporting policies to reduce risk

Being proactive about compliance and documentation can protect your business from costly and reputation-damaging claims.

For Employers: Prevent & Defend

Retaliation claims often arise from poor documentation or rushed decision-making. We help employers:

Respond to internal complaints the right way
Document performance issues clearly and lawfully
Train supervisors on handling employee concerns
Navigate DOL, EEOC, and OSHA investigations
Defend against retaliation or whistleblower lawsuits
Develop internal reporting policies to reduce risk

Being proactive about compliance and documentation can protect your business from costly and reputation-damaging claims.

Think you’ve been retaliated against? Need help responding to a claim?

FAQ

Can I be fired for filing a complaint with HR?

Not legally—if your complaint involves protected issues like harassment, discrimination, wage theft, or unsafe work conditions. We help determine if your situation qualifies as retaliation.

Do I have to prove retaliation with “smoking gun” evidence?

No. Most retaliation claims rely on timing, patterns, and circumstantial evidence, such as being fired shortly after making a complaint. We help build strong, fact-based cases.

Is whistleblowing protected if I report something internally (not to a government agency)?

Yes—under Florida law, internal complaints may be protected, especially if the report involves a legal violation. But how and where you report it matters.

Can I still be disciplined after making a complaint?

Yes, but only for legitimate, unrelated reasons. Employers cannot use a complaint as a shield from accountability—but discipline must be well-documented and fair.

How long do I have to file a retaliation or whistleblower claim?

It depends on the statute:

Title VII (EEOC/FCHR): 300 days from the act
Florida Whistleblower Act: 180 days from retaliation
FMLA/ADA/FLSA: Generally 2 years (3 for willful violations)
We can help determine the right deadline for your case.