You should never feel unsafe, insecure, or bullied in the workplace. At the very least, the workplace is supposed to be a place where you can do your job without the fear of being harassed or taken advantage of. Unfortunately, not every workplace is like this. Sometimes, you may endure unfair treatment from your employer, but that doesn’t mean you can’t fight back legally. You may wonder: Can I sue my employer in Florida?
The legal team at the Law Offices of Gary A. Costales, P.A., understands how difficult and overwhelming it can be to take legal action against your employer. You may be reluctant to consider such action out of fear of losing your job.
That’s understandable, but Florida state law prohibits your employer from taking retaliatory actions against you in response to you exercising your rights as a Florida worker. For more information, you should consult with an employment lawyer.
Can You Take Legal Action Against Your Employer?
You can take legal action against your employer, but only for certain situations that warrant it. If your employer has acted unfairly toward you or engaged in illegal activity, you may be able to take legal action against them with the help of an employment lawyer. Before you take such action, you should consult with an employment lawyer to find out if your case is worth pursuing. You may need more evidence before filing your claim.
A 2024 study by the Equal Employment Opportunity Commission (EEOC) determined that there were over 3,800 reported incidents of workplace retaliation in Florida that year. Retaliation is just one of the many reasons to take legal action against your employer. If you have to make a case against your employer, you may have been dealing with overwhelming situations for a while.
You may want to contact a Florida mental health support group like NAMI Connection for further support following your experience.
When Can You Take Legal Action Against Your Employer?
There are many different situations and scenarios in which it is acceptable to take legal action against your employer. The last thing you should allow is for anyone, including your employer, to take advantage of you in any way. If your employer engages in any of the following behaviors, you should contact an employment lawyer to see what your options are for holding them accountable legally:
- Hostile Work Environment: Certain behaviors, such as sexual harassment and workplace discrimination, can turn your work environment into something unrecognizable that you feel nothing but contempt for. A hostile work environment is detrimental to production and can foster a workplace that welcomes bad behavior and illegal activity.
- Retaliation: If you engage in certain protected activities, such as filing a claim for workers’ compensation or reporting illegal activity to the proper authorities, your employer cannot legally retaliate against you. However, this won’t stop some employers from doing it anyway. Retaliation can take many forms, such as termination, a pay decrease, a demotion, cutting your hours, or just treating you differently so you’ll quit.
- Wrongful Termination: Florida is an at-will employment state, which means your employer doesn’t need cause to let you go. They can fire you whenever they want, even without reason. However, they can’t fire you for an illegal reason. If firing you violates your employment contract or employment laws, you may have a strong case for wrongful termination. You should speak with an employment lawyer to find out.
- Wage Violations: You should always be aware of the pay you are supposed to receive every pay period. If your employer fails to pay you the full amount you are owed, you may be the victim of a wage violation. If you are owed overtime pay or a promised bump that was undelivered, you may want to consult with an employment lawyer who can help you get paid what you are owed.
FAQs
Yes, an employee can take legal action against their employer in Florida, but only in specific situations where the employer is in clear violation of state employment laws. You may be able to file a legal claim against your employer for wrongful termination, wage violations, intentional harm, or fostering a hostile work environment, among other behaviors. You should consult with an employment lawyer to see if your case qualifies.
It’s ultimately up to you to determine if taking legal action against your employer is worth it. The process can be complex and drawn out, and you may not get everything you want in the end. If your employer engages in illegal or immoral behavior and you have the opportunity to put an end to it, you may want to consider moving forward with your case.
If you want to file a legal complaint against your employer in Florida, you need to make sure you choose the appropriate agency for your complaint. The Florida Commission on Human Relations (FCHR) generally handles complaints regarding workplace discrimination and harassment. You can contact them online or by mail. You can also contact the Equal Employment Opportunity Commission (EEOC) to file a complaint at the federal level.
Yes, you can make a claim against your employer for emotional distress in Florida. However, you must prove that your employer’s actions were reckless or intentional and resulted in severe emotional damage that has affected your work and that you are having difficulty recovering from. You may have to show a physical injury as well in order to prove your level of distress.
Contact an Employment Lawyer Today
It is entirely possible to make a legal claim against your employer and hold them accountable if they caused you distress somehow. An experienced employment lawyer can help you make sure your case is strong enough to move forward.
The legal team at the Law Offices of Gary A. Costales, P.A., can provide everything you need to take legal action against your employer. We can help you build your case, collect evidence, and ensure your interests are protected. Contact us to speak to a valued team member about your case today.