Three Key Elements of a Retaliation Claim
Employers in Florida cannot punish a worker who exercises a legally protected right under state law or federal law. Doing so could give rise to a retaliation claim. The Department of Labor (DOL) explains that retaliation “occurs when an employer fires an employee or takes any other type of adverse action against an employee for engaging in protected activity.” This employment law article highlights the three key elements of a workplace retaliation claim in Florida.
Workplace Retaliation Claims: Three Legal Elements
- Protected Activity
At its core, a workplace retaliation claim centers on an employee’s involvement in a protected activity. To be eligible to bring a retaliation claim, an employee must have engaged in an action protected by either federal law or state law. Some examples include filing a discrimination complaint, participating in an investigation, or opposing unlawful practices.
For example, imagine that an employee in Florida filed a formal complaint against a supervisor for discriminatory behavior based on race. That action is considered a protected activity under the law. The law shields the employee from any form of retaliation by the employer for reporting such an incident. An employee is protected regardless of the ultimate outcome of their claim.
- Adverse Action
The next element in a retaliation claim is adverse action. Broadly explained, an adverse action refers to any measure taken by an employer that negatively affects an employee’s job status or working conditions as a response to engaging in protected activities. It can include firing, demotion, a reduced salary, worse benefits, or a less favorable job assignment. The definition of adverse action is broad. It covers any act that might dissuade a reasonable person from taking action.
For instance, imagine an employee in Florida was demoted shortly after testifying in a coworker’s harassment investigation. In that scenario, the demotion would qualify as an adverse action. An adverse action is a negative action. An employee who is bringing a workplace retaliation claim must prove that their employer took some form of negative action against them after protected activity.
- Causation
Finally, causation is a required element in a retaliation claim. A worker must show a link between the protected activity and the adverse action taken by their employer. In other words, they must demonstrate that the adverse action would not have occurred if they had not engaged in the protected activity. The element is crucial to substantiate that the action taken was due to retaliation.
For example, imagine that an employee in Florida got a poor performance review. However, that review differed by a law from previous evaluations. Further, that bad review came closely after he or she filed a discrimination claim. It may suggest causation. The timing, deviation from past feedback, and a wide range of other evidence can be key indicators that the negative review was retaliatory.
Get Help From a Retaliation Lawyer in Florida
Employment law is complicated—particularly so for retaliation claims. Whether you are an employer or an employee, it is imperative that you consult with an experienced Florida workplace retaliation attorney as soon as possible after an incident.
