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Wrongful Termination/Retaliation

A. Workers’ Compensation retaliation

B. Whistleblower retaliation

C. Workplace discrimination

Being terminated by an employer may be the single most devastating event that you will ever experience professionally. I know because our clients tell us every day. Not only does the financial strain immediately impact your daily life, but also emotionally you may become vulnerable. That is why it is so important to seek legal counsel who will guide you through your trying time of uncertainty.

At Black Rock, we pride ourselves on turning your unfortunate situation into opportunity for a brighter future. Every client will have the confidence to move forward knowing that Black Rock is working hard to remedy the wrongs of their former employer. Meanwhile, the client can focus on their family and planning their next endeavor.

In Florida, absent an agreement otherwise, all employees are presumed “at-will” employees- meaning that an employee may be let go at any time, for any reason, or no reason at all, so long as it is not for an unlawful purpose. Likewise, an employee can leave their employer at any time for any reason, or no reason at all without recourse.

So it may seem that “at-will” employees have limited to no rights in the workplace. However, do not be fooled, employees have rights too, even if they are “at-will.” “How?” you might ask. Well, even though you are an at-will employee, you are still protected under many local, federal and state laws.

An employee is prohibited from taking adverse action against an employee because they engaged in protected activity.

How Do I Know if I Engaged In Protected Activity?

Employees have rights to object to and/ or complain about violations of local, state and federal laws. When you bring an issue to your employer’s attention that is protected by law, this is called “exercising your rights.” Essentially, by exercising your rights, you are “engaging in protected activity.”

There are times, hovever when you engage in protected activity and it frustrates the employer, which then causes them to take adverse employment action against you. In such a case, the adverse action must be material to the extent that it changes the terms, conditions and privileges of employment. Most importantly, the adverse action must be motivated (in whole or part), because you engaged in protected activity.

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