MIAMI, FL – Employees who report discrimination, participate in workplace investigations, or file complaints with government agencies are protected from retaliatory termination under federal and Florida law. Miami employment attorney Jason D. Berkowitz of BT Law Group (https://btattorneys.com/miami-wrongful-termination-lawyer/retaliation/) explains the legal framework protecting employees from retaliation and the remedies available to those wrongfully terminated.
According to Miami employment attorney Jason D. Berkowitz, wrongful termination retaliation occurs when an employer fires an employee because the employee engaged in a legally protected activity. Under federal laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act, employers cannot retaliate against employees who oppose discrimination, file complaints, or participate in investigations. The Florida Civil Rights Act provides additional protection through state law.
Miami employment attorney Jason D. Berkowitz emphasizes that retaliation claims do not require proving the underlying discrimination actually occurred. “You must demonstrate that you reasonably believed the practice was unlawful, that you engaged in protected activity, and that your employer took adverse action against you because of that activity,” explains Berkowitz.
Protected activities under federal and Florida law include opposing discrimination or harassment, filing charges with the Equal Employment Opportunity Commission or Florida Commission on Human Relations, and participating in investigations or proceedings. “Even if you were not the person who initiated the complaint, your participation as a witness or cooperator is legally protected,” Berkowitz notes.
Retaliation takes many forms beyond termination. Employers may engage in demotion, pay reduction, negative performance reviews, exclusion from opportunities, or the creation of hostile work environments. “If your performance history was positive before you engaged in protected activity, a sudden shift to negative reviews may indicate retaliatory intent,” the employment attorney advises.
Jason D. Berkowitz of BT Law Group points out that timing often provides critical evidence in retaliation cases. Courts frequently find retaliation when terminations occur within days or weeks of protected activity, particularly when the employee had no prior disciplinary history. “Temporal proximity between the protected activity and the adverse action strengthens the causal connection required to prove retaliation,” he explains.
Employees who experience retaliatory termination should document everything immediately. This includes emails, text messages, performance reviews from before and after the protected activity, termination letters, and witness contact information. “Writing down what happened immediately after your termination preserves important information that fades over time,” Berkowitz advises.
Before filing a lawsuit, employees must file a charge with the appropriate agency. Under federal law, charges must be filed with the EEOC within 300 days of the retaliatory act. Under Florida law, employees have 365 days to file with the Florida Commission on Human Relations. The Miami-Dade Commission on Human Rights enforces local protections with a 180-day filing deadline.
Employees who prove retaliation can recover several types of damages. Back pay compensates for wages lost from the date of termination until judgment or settlement. Front pay covers future lost wages when reinstatement is not feasible. “Emotional distress damages compensate for the psychological harm caused by retaliation, including anxiety, depression, and humiliation,” notes Berkowitz.
Under federal law, punitive damages may be awarded when employers act with malice or reckless indifference, though these are capped based on employer size. Under Florida Statute § 760.11(5), punitive damages in Florida Civil Rights Act cases are capped at $100,000. Prevailing plaintiffs can also recover attorney’s fees and litigation costs from the employer.
For Miami employees facing retaliation after engaging in protected activities, contacting an employment attorney may provide essential guidance on preserving rights and pursuing legal remedies.
About BT Law Group:
BT Law Group is a Miami-based law firm focused on employment law matters, including wrongful termination, discrimination, retaliation, and wage disputes. Led by attorneys Jason D. Berkowitz and Anisley Tarragona, both of whom previously represented employers at national labor and employment firms, the firm represents employees throughout Miami-Dade County. For consultations, call (305) 507-8506.
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Company Name: BT Law Group, PLLC
Contact Person: Jason D. Berkowitz
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Phone: (305) 507-8506
Address:3050 Biscayne Blvd STE 205
City: Miami
State: FL 33137
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Website: https://btattorneys.com/
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