You gathered your courage and reported sexual harassment at work, only to find yourself suddenly terminated. Your employer might call it a “performance issue,” “business restructuring,” or even a “personality conflict,” but the timing feels suspicious.
If you were fired for reporting harassment in Florida, you may have been illegally retaliated against, and you have legal options.
At BT Law Group, we represent Florida employees who have faced retaliation after reporting workplace harassment. Let’s break down what constitutes illegal retaliation, what protections you have under the law, and what steps you should take next.
What Qualifies as Illegal Retaliation in Florida?
Retaliation occurs when an employer takes adverse action against an employee because they engaged in a legally protected activity. Reporting sexual harassment is one of these protected activities.
Under both federal and Florida law, you cannot be fired, demoted, or otherwise punished for:
- Filing a formal harassment complaint with HR or management
- Reporting sexual harassment to a government agency
- Participating as a witness in a harassment investigation
- Supporting a coworker’s harassment complaint
- Refusing to follow orders that would result in harassment
- Resisting sexual advances
Common forms of retaliation include:
- Termination
- Demotion
- Reduction in hours or pay
- Denying deserved promotions
- Sudden negative performance reviews
- Transfer to less desirable positions
- Increased scrutiny of work
- Creating a hostile work environment
The key element in retaliation cases is establishing the connection between your protected activity (reporting harassment) and the adverse employment action (being fired). When these events occur close together in time, courts often recognize this as evidence of a causal connection.
Laws That Protect Florida Employees from Retaliation
Multiple laws protect Florida employees who report sexual harassment:
Federal Protections
Title VII of the Civil Rights Act prohibits discrimination based on sex, which includes sexual harassment. It also prohibits employers from retaliating against employees who report harassment or discrimination.
This law applies to Florida employers with 15 or more employees.
Florida State Protections
The Florida Civil Rights Act (FCRA) mirrors many of the protections in Title VII but applies to employers with 15 or more employees. The FCRA prohibits retaliation against employees who oppose discriminatory practices, file complaints, or participate in investigations.
Some Florida counties and cities have additional ordinances that provide even broader protection against retaliation, sometimes covering smaller employers.
Signs Your Termination Was Retaliatory
How can you tell if your firing was retaliatory rather than legitimate? Watch for these red flags:
- Suspicious timing: You were fired shortly after reporting harassment
- Shifting explanations: Your employer gives inconsistent reasons for your termination
- Disparate treatment: You were treated differently than coworkers with similar performance
- Sudden criticism: You received negative feedback only after reporting harassment
- Pattern of behavior: Other employees who complained were also terminated
- Procedural irregularities: Company policy wasn’t followed in your termination
- Hostile comments: Managers made negative remarks about your complaint
Steps to Take After Being Fired for Reporting Harassment
If you believe you were fired in retaliation for reporting sexual harassment, taking prompt action is crucial:
1. Consult with an Employment Attorney
A lawyer can:
- Evaluate the strength of your case
- Ensure you meet all filing deadlines
- Help prepare your EEOC/FCHR charge
- Gather and preserve critical evidence
- Advise you on settlement offers
- Represent you in litigation if necessary
Many employment attorneys work on a contingency fee basis, meaning they only get paid if you win your case.
2. Document Everything
Start gathering evidence immediately:
- Save all communications related to your harassment complaint
- Collect performance reviews and positive feedback
- Keep copies of any disciplinary actions or termination paperwork
- Note dates, times, and participants in all relevant conversations
- Identify potential witnesses who can support your claim
- Record the timeline of events from harassment to complaint to termination
The stronger your documentation, the stronger your case could be.
3. File a Charge with the EEOC or FCHR
Before filing a lawsuit, you must first file an administrative charge with either:
- The federal Equal Employment Opportunity Commission (EEOC), or
- The Florida Commission on Human Relations (FCHR)
In Florida, you generally have 300 days from the retaliatory action to file with the EEOC, or 365 days to file with the FCHR. Missing these deadlines could prevent you from pursuing your case in court.
The agency will notify your employer about the charge and may attempt to mediate the dispute. If mediation fails, they’ll investigate your claim. After investigation, they’ll either:
- Find reasonable cause to believe retaliation occurred
- Issue a “right to sue” letter allowing you to pursue the case in court
- Sometimes issue a “no cause” finding, which still allows you to pursue your case in court
4. Consider a Retaliation Lawsuit
If you receive a “right to sue” letter from the EEOC or FCHR, you generally have 90 days to file a lawsuit in court. Potential claims include:
- Retaliation under Title VII
- Retaliation under the Florida Civil Rights Act
- Breach of contract (if applicable)
Potential Compensation for Retaliatory Termination
If successful, you may recover:
- Back pay: Wages and benefits lost due to termination
- Front pay: Future earnings if reinstatement isn’t feasible
- Compensatory damages: For emotional distress and other non-economic harms
- Punitive damages: In cases of particularly egregious employer conduct
- Attorney’s fees and costs: The employer may be required to pay your legal expenses
Under federal law, damage caps range from $50,000 to $300,000 depending on the size of your employer. Florida law has no statutory caps on compensatory or punitive damages.
BT Law Group Can Help If You Face Retaliation
At BT Law Group, our employment attorneys have helped numerous clients achieve justice.
Remember that the law is on your side. Federal and Florida laws explicitly prohibit employers from retaliating against employees who report sexual harassment. Employers who violate these laws can be held accountable.
If you were fired for reporting harassment in Florida, contact BT Law Group today for a consultation.
