Whistleblower claims in Miami

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Miami Employment Lawyer protecting your rights

Sometimes employers violate laws and regulations that cause danger to public safety. Some employers may feel the need to report these violations. The individual who opposes this kind of illegal behavior is called a whistleblower. This is someone who doesn’t feel comfortable being part of the whole situation and threatens to report the activity because it violates the law. When the employee objects to participate in practices that don’t violate any rules, regulations, or specific laws, he or she will not be entitled to receive whistleblower protection. Some state and federal laws protect whistleblowers from any retaliation by their employers.

The law can protect whistleblowers from adverse activities including:

  • Cut in hours
  • Reprimands
  • Termination
  • Transfer
  • Demotion

The victim or employee must prove some elements in order to show he or she was retaliated against in violation of the law:

  • The worker engaged in a protected activity, including being a witness and testifying, or any other action to help implement whistleblower laws in some specific circumstances.
  • The employer knew the employee took this action.
  • This protected activity caused the employer to retaliate against the employee.

What’s considered a protected activity?

It all depends on the law applied to your whistleblower case. Several laws may grant protection for only one complaint. Some states have something called “play fair” where the employee is required to tell the employer first and give them an opportunity to fix the problem. Telling your boss that you plan to sue may not be protected but filing a complaint is protected. Other courts will protect any individual who wants to help enforce the law.

In the state of Florida both private and public workers are protected from retaliation under the Florida Whistleblower’s Act. Employees in Florida are entitled to sue for lost wages, back pay and full benefits, and any other damages that may be claimed in the suit.

What’s not a protected activity?

Employees can lose the protection of the law when their actions are associated with impulsive behavior. A protected activity should be lawful in character. The employee’s behavior should not be aggressive or overstep the protective limits of conduct. In other words, you should stay calm.

Whistleblower claims in Miami - Time Deadlines

Lawyers call this statute of limitations. A written complaint is required with some description of the whistleblower claim. Details must be given together with the names and contact information of individuals and company involved in the violation. Whistleblower claims are filed depending on the law applied to each specific case:

  • For union contracts the filing time is as little as 3 days after the adverse action occurred.
  • Local and state employees have 10 days to file.
  • Federal environmental laws will require writing and filing a complaint with OSHA within 30 days of the incident.
  • Federal employees take the complaint to the agency's EEO officer within 45 days.
  • Other laws may have different time limits at 90, 180, or in some cases 300 days or even 1 to 6 years.

Experienced whistleblower lawyers in Miami

Some situations may be difficult to resolve on your own due to the complexity of each law. We urge you to talk to one of our Miami Employment law attorneys and get the help you need for your specific circumstances. If you or a loved one has suffered workplace injuries or perhaps the company you work for has retaliated against you, contact Gallardo Law Firm today at (305) 261-7000.