Employment Law

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I'm in reaching out because I am in fear of being terminated…

Customer Question
Hello Pearl, my name...

Hello Pearl, my name is*****'m in reaching out because I am in fear of being terminated from my employer in retaliation from a safety concern I have reported to the State of Florida. Are there steps I should be taking to insure this doesn't happen? I know it is against company policy to terminate in retaliation however where is the "at will" line drawn?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Florida. I'm in Jacksonville and the community is in Green Cove Springs Florida

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I believe it is at will however if residents safety and quality of life is at risk I can't sleep at knowing I did nothing about it. I would have parted ways with this privately owned company a long time ago due to harassment and hostile work environment however I care about my residents and don't want to leave them. I'm full time salary plus commission (even though I'm not paid for them)

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have already filed a claim with the State of Florida disclosing my personal information hoping the concerns would be taken seriously.

Submitted: 7 months ago.Category: Employment Law
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Answered in 6 hours by:
11/22/2017
Employment Lawyer: lawyerJ, Lawyer replied 7 months ago
lawyerJ
lawyerJ, Lawyer
Category: Employment Law
Satisfied Customers: 177
Experience: Attorney
Verified

Hi there. My name is ***** ***** I'm a licensed attorney. I'm reviewing your question and will respond shortly. Please note, all information is provided for educational purposes only.

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Customer reply replied 7 months ago
Thank you. And noted. Let me know if you need any additional information
Employment Lawyer: lawyerJ, Lawyer replied 7 months ago

You could either, yourself or through an attorney, inform your employer that if the terminate you in retaliation for your whistleblowing activity you will pursue legal action.

Essentially in Florida, in order to prove a claim for retaliation you have to show three things:

1. You engaged in a protected activity, such as complaining about discrimination or talking to an OSHA investigator about workplace safety hazards.

2. You were fired, disciplined, or otherwise punished by your employer.

3. There is a causal relationship between your protected activity and the action taken against you.

You'll want to document everything to prove this case. Get copies of previously filed positive performance reviews, dates of conversations with your employer that may reflect retaliation. Emails or written correspondence is always better. This way, if you are fired, you have the receipts to show that it was in retaliation for your actions, which are protected under federal law.

If I've fully answered your question, I'd appreciate a five-star rating. If not, please let me know how else I can assist you.

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