Can I have a successful case for retaliation?

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Can I have a successful case for retaliation?

I sent an email to my manager about feeling uncomfortable at the workplace because I was being harrassed by a supervisor. We did not have someone in HR at the moment and he was the only one that could come up with a solution. He ignored my email and pretended he never saw it and fired me 2 days later without giving any explanation.

Asked on December 25, 2018 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

What kind of harassment? If it was based on your race, color, national origin, sex, age 40 or over, disability or religion, you'd likely have a viable retaliation claim: an employer may not retaliate against (as this appears to have been, based on timing) an employee for bringing one of these protected complaints to the employer's attention.
However, only the above complaints are protected--i.e. an employer may not harass you, and therefore retaliate against you due to, one of these protected reasons. If the supervisor did not like you personally (nothing to do with race, religion, etc.), or you and he/she had some past personal history, or the supervisor did not like your politics or choice of music or your tatoos/piercings/clothing or pretty much anything else that is not one of those protected categories, then the supervisor could harass you and the employer could terminate you for complaining about it. Employers may harass employees as much as they want so long as it is not due to one of those few protected reasons or categories.


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