Miami Whistleblower Lawyer
An employer that retaliates against an employee who is a whistleblower is illegal, and employees can take legal action to recover the damages they suffered due to a demotion or wrongful termination. Whistleblowing helps protect the public and employees by reporting legal violations by public and private employers. These violations can be dangerous for employees or threaten public well-being. A Miami whistleblower lawyer can help employees protect their interests.
The right attorney can aid employees as they initially investigate and report illegal activity and help employees who are facing adverse employment actions. Finding an exceptional attorney is crucial to protecting your interests and securing the damages you are owed.
We Protect The Rights Of Whistleblowers
Have you been fired or dismissed from your job after filing a complaint against your employer? Do you believe your dismissal comes as a reprisal for refusing to participate in an illegal act? Did you act as a witness during a government investigation of your employer and were fired because of it?
Call For A Free Telephone Consultation
Call (786) 446-7288 for a free telephone consultation with our office or use our contact form to tell us more about your situation.
At the Law Offices of Gary A. Costales, P.A., we fight for the rights of employees unfairly terminated for such actions. Under the Florida Whistleblower Act, employees who cooperate in government investigations, refuse to participate in illegal practices or have filed a complaint against their employer are protected against retaliation and dismissal.
Our attorney is a board-certified expert in employment and labor law. We have decades of experience in employment laws and want to protect your employee rights. Employers often claim other reasons for the retaliation. Our firm can investigate the adverse employment action you sustained, and determine how to recover the financial recovery you are owed for this rights violation.
If you feel you have been unfairly fired and think you qualify for protection under the Florida Whistleblower Act, call 786-446-7288 or email the firm today.
Who Is Protected?
OSHA and Sarbanes-Oxley, as well as the Florida Whistleblower Act offer protection to employees who:
- Participates in a governmental investigation of any employer who engaged in illegal activity or alleged activity that is being investigated.
- Objected to or refused to participate in a practice that they believe is illegal or violates a regulation.
- Has filed a written complaint with any governmental agency concerning an employer’s illegal activities.
There are many reasons an employee may blow the whistle on their employer, including workplace safety violations, harassment or discrimination in the workplace, failing to address harassment or discrimination in the workplace, defrauding the government, including tax fraud, Medicare or Medicaid fraud, or securities fraud. Other reasons an employee may blow the whistle on their employer include:
- Mistreatment of clients, patients, or customers.
- Inflating the complexity and cost of medical bills.
- Financial or accounting fraud.
- Pricing goods and services are unreasonably high.
- Wage and hour violations of employees.
- Corruption.
When a whistleblower reports these violations in good faith, it is illegal for their employer to retaliate against them. Unfortunately, this does not stop it from happening. It’s important for employees to know what they can do to defend their rights.
What Can Be Done?
If you have been terminated or otherwise penalized financially, action can be brought against your employer. They should be ensuring a safe environment for their employees after all, and if you had, for example, seen incidents with hazardous chemicals not being handled correctly and had whistleblown on them then you should not be punished for this. Even being passed over for a raise or receiving a demotion after your participation in a whistleblowing activity can be grounds for legal action.
What Are the Ways That Retaliation Can Occur?
Retaliation is not always as obvious as an employee being terminated once they have blown the whistle, although this is also retaliation. Some types of retaliation are more subtle but can still be considered retaliation, depending on the circumstances. This includes:
- Reducing your pay or benefits.
- Cutting your hours.
- Wrongfully terminating you from your job.
- Forcing you to quit your job.
- Demoting you to a lesser job.
- Harassing or bullying you.
- Passing you over for a promotion that you earned.
- Changing your work responsibilities to something less desirable.
- Transferring you to another of the company’s locations which is less desirable or convenient.
- Refusing to provide you with benefits that you earned.
- Giving you a job evaluation or performance review that is unreasonably negative or negative without any cause.
- Allowing or encouraging a hostile work environment.
When these actions happen seemingly without cause, and after you have blown the whistle, it is crucial that you speak to an employment lawyer. They can investigate the reasons given for the termination, uncovering evidence to prove that negative evaluations were exaggerated or that, by company policy, you should have received a promotion or bonus.
Potential Damages in a Whistleblower Retaliation Claim
When you file a claim against your employer for retaliation and are successful, you could recover any of your losses, including back pay, such as wages you would have earned with a promotion, without a demotion, or after being terminated; benefits you would have earned, future wages you would have earned if you weren’t terminated, withheld bonuses or other benefits, and other financial losses from the action.
If you were terminated from your job, reinstatement may also be possible if you want it. An employment attorney can review your case to determine the full total of the damages you sustained and how you can most effectively recover from those losses.
FAQs
The average whistleblower settlement is entirely dependent on the type of case being filed and the damages that the employee or the government sustained.
A qui tam case is filed on behalf of the government, and an employee who files the case can recover a portion of the government’s damages. Other whistleblower cases can be filed by employees if they are retaliated against for reporting illegal activity. The value of this case depends on the employee’s monetary damages, including lost wages and benefits.
Yes, Florida protects whistleblowers from retaliation. When an employee blows the whistle on violations of employee rights, illegal activity, defrauding of the government, or dangers to public health or safety in good faith, they cannot be retaliated against by their employer.
Retaliation includes numerous adverse employment actions, like wrongful termination, demotion, refusing to promote, harassment, creating a hostile work environment, or refusing to address a hostile work environment. An employee can take action if they are retaliated against.
A whistleblower lawsuit often refers to complaints made by employees who are fired or otherwise retaliated against for reporting illegal activity. If you reported your employer for illegal activity that endangered the health, safety, or well-being of the public, and they retaliated against you, you can recover the material losses of that retaliation, including lost income.
You may have reported workplace safety violations, abuse of authority, sexual harassment, discrimination, wage and hour violations, fraudulent misuse of government funds, or other violations.
The evidence that is needed for whistleblowing should be detailed and straightforward, providing reliable information that the agency can investigate. This may include evidence such as written information, including letters, notes, and memos; and digital information, including emails, text messages, voicemails, and phone logs. Additional evidence may include:
- Intercompany communication, including meeting minutes.
- Witness statements by coworkers and others.
- Audio and video recordings.
- Financial documents.
- Personnel information and employment contracts.
An attorney can help you gather the evidence that supports your case when reporting.
The Law Offices of Gary A. Costales, P.A.: Defending Employee Rights in Miami
Employees who are whistleblowers provide an essential service to the public and ensure transparency and safety in many sectors. If your employer has retaliated against you, you can take legal action against them and ensure they are held responsible. Let the Law Offices of Gary A. Costales, P.A., help. With our assistance, you can seek damages for the wages lost through your dismissal or demotion, and can seek reinstatement at your position if desired.
Contact our office by email or call 786-446-7288 today to discuss your case in a free phone consultation.
