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I complained to director about my supervisor &I got fired. Is this retaliation whether my supervisors actions were lawful or not

Fort Lauderdale, FL |

I work at a hospital with 2000 employees, but my direct supervisor has only 5 employees. For six years she mistreated me very obviously, and I have documents to prove it. I finally went to the director. Within one year I got written up three times and finally fired. Definitely firing me was due to retaliation, however, mistreating me was an unlawful action taken by my supervisor or not. I would like to know if I have a case to take to court.

Attorney Answers 4


  1. Best answer

    It depends. Like Mr. Mallen said, it will depend on the nature of your complaint to the director. If your complaint was "hey my supervisor is harassing me because I am female" then you may have a case for unlawful retaliation. If your complaint to the director was more along the lines of "hey my boss is a jerk and doesn't know what they are doing" then you will have no recourse. LIkewise if you were complaining of illegal action like fraud or a HIPAA violation, then Florida's whistleblower law will protect you from retaliation. There are very strict (and relatively short--like 180 days short) time limits in wihch to filed a complaint with the EEOC or the state human rights commission so you should seek out a competent lawer for advice as soon as possible.

    The information on this website is provided as a service to the public. While the information on this site deals with legal issues, it does not constitute legal advice. If you have specific questions related to information available on this site, you are encouraged to consult an attorney who can investigate the particular circumstances of your situation. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask for free written information about a lawyer’s qualifications and experience. The information presented at this site should not be construed to be formal legal advice and none of the information presented here is intended to create a lawyer/client relationship. You should consult an attorney for individual advice regarding your own situation.


  2. I don't practice law in your state, but it would help your case if you complained about your supervisor's actions that you reasonably believe to be unlawful. If your supervisor were just a "bully" or a "meany" or she had a "personality conflict" with you or she was "unfair," and you don't have a union, and you don't have an employment contract requiring cause for termination, I am afraid you are going to have an uphill battle.

    If you complained that your supervisor "mistreated you" because, for example, you refused to do illegal things or because she did not like people of a certain race or nationality, then that sort of retaliation could lead to a legal claim.

    Try your local County Bar Association's Lawyer Referral Service or http://www.nela.org/NELA/

    David Mallen

    David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies.


  3. It is possible that you have a work place harassment and wrongful termination action. It is all fact dependent. You might want to consider contacting an employment law attorney, many offer a free consultation and bring any documents you have with you to the consultation.


  4. Mr. Mallen's answer is applicable to the state of Florida and is sound.

    This is general information only and does not constitute legal advice, nor does this communication in any way establish an attorney-client relationship. Feel free to contact me directly for further information at 239-985-9691.

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