Articles Posted in Whistleblower Retaliation

A former employee is suing a south Florida cleaning company for alleged retaliation.

The man filed a complaint on Aug. 3 in the Broward County Circuit Court, alleging that the company breached its duty of good faith and fair dealing.

According to the complaint, the man alleges that he suffered loss of employment, loss of income, worsening of his injury, humiliation and embarrassment on March 3 due to the company allegedly terminating his employment in retaliation for his claim for workers’ compensation benefits due to an injury he allegedly sustained in the scope of his employment.

The man holds the company responsible for allegedly terminating him in bad faith without reasonable grounds, and for allegedly interfering with his right to workers’ compensation benefits.

Florida retaliation laws were enacted to protect employees who take a stand in the workplace and fight for what is right. Our Florida Whistleblower & Retaliation Lawyers at Whittel & Melton represent employees who were terminated for doing the right thing. This includes employees who stand up to unlawful company conduct, file a complaint against their boss/supervisor, or testify against the company in a legal proceeding.

When an employer retaliates against an employee, Florida law provides financial relief. An employer retaliates against an employee when the employer fires, demotes, lays-off, or does anything that negatively affects the terms and conditions of the employee’s job  simply because they stood up to illegal dealings in the workplace.

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A jury has awarded $4.5 million to a former employee who sued an Iowa hospital for age bias and retaliation.

The jury’s July 24 decision came after a 10-day trial of Grinnell Regional Medical Center and two administrators. The lawsuit states that the hospital fired the man in June 2015 from his post as lab director while in remission from breast cancer and hired a younger replacement.

It is believed that the man was targeted because he’d declined an order to retire following his initial diagnosis in November 2013.

The hospital’s attorneys deny the firing and subsequent hiring of a new director had anything to do with the man’s age or cancer diagnosis. A hospital spokeswoman says the hospital intends to appeal.

Discrimination in the workplace is not only unfair, but also illegal. There are several different federal laws that offer protection from discrimination based on disability, race, color, religion, sex, or national origin. Age discrimination has its own unique set of laws called the Age Discrimination in Employment Act (ADEA). Job applicants and employees who are over the age of 40 are usually covered by the ADEA.

Under the ADEA, it is unlawful to discriminate against a person over 40 because of their age when it comes to:  

  • hiring
  • firing
  • promotion
  • layoff
  • compensation
  • benefits
  • job assignments
  • training

Moreover, employees who speak out against age discrimination have legal protection from retaliation.

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A Miami-Dade County employer that sells SIM cards for cellphones is accused of terminating an employee in retaliation for his complaints about not receiving overtime pay.

The man filed a complaint on behalf of similarly situated individuals on March 9 in the U.S. District Court for the Southern District of Florida.

According to the complaint, the man alleges that he began working for the company to sell SIM cards in November 2015 and was unlawfully terminated in December 2016. He holds the company responsible because they allegedly terminated his employment in retaliation to his complaints about not being paid any overtime wages. He also alleges he was not paid commissions as promised.

Employees are commonly hesitant to report unlawful conduct in the workplace, including wage and hour violations. Many fear that if they take any such action, they will be fired or suffer other consequences.

Retaliation is defined as “an adverse action taken against a covered individual because he or she engaged in a protected activity.” Employer retaliation can take many forms and can include the following:

  • Termination
  • Denied Promotion
  • Demotion
  • Reduction in compensation
  • Reduction in hours
  • Unwarranted discipline

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A former Largo plumbing inspector is suing the city, claiming that officials violated a law meant to protect whistle-blowers by firing him in retaliation for a complaint he filed with a state agency.

According to the lawsuit, the man’s former bosses conspired to fire him in November after he accused city plans examiners of approving building plans without proper qualifications last summer in complaints to the Florida Department of Business and Professional Regulation.

The city manager said the 57-year-old was fired based on several instances of misconduct unrelated to the complaint. According to a disciplinary report issued in November, the man improperly completed or didn’t complete building inspections. He also allegedly joked in an email that two city employees were involved in an affair.

According to the suit, the unlicensed activity resulted in a 911 call center being inoperable for the first two weeks it was open. It also caused faulty plumbing and electrical work in several large projects, including two Walmarts, a Wawa and an apartment complex.

The man filed complaints against four separate employees, according to reports.

To review aspects of a plan such as the electrical or plumbing work, an examiner must have a license in that discipline to ensure the project meets building code. The investigation found that one employee let someone review a plumbing plan on a house in Largo without a plumbing license.

The man hopes his lawsuit prevents any similar issues with his former department.

Blowing the whistle on illegal activities in your workplace is never easy. Sometimes doing the right thing can backfire and lead to retaliation and even termination.

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