§ 2-967.8.1. Additional remedy for complaint of retaliatory personnel action against an Employer; Relief.  


Latest version.
  • (1)

    Remedy.

    (a)

    In addition to the remedies set forth in Section 2-967.8 of this article, an employee who has been the object of a retaliatory personnel action in violation of this article may institute a civil action in a court of competent jurisdiction for relief as set forth in subsection (2) within 2 years after discovering that the alleged retaliatory personnel action was taken, or within 4 years after the personnel action was taken, whichever is earlier.

    (b)

    Any civil action authorized under this section may be brought in Miami-Dade County only.

    (c)

    An employee may not recover in any action brought pursuant to this subsection if the retaliatory personnel action was predicated upon a ground other than the employee's exercise of a right protected by this article.

    (2)

    In any action brought pursuant to subsection (1), the court may order relief as follows:

    (a)

    An injunction restraining continued violation of this article.

    (b)

    Reinstatement of the employee to the same position held before the retaliatory personnel action, or to an equivalent position.

    (c)

    Reinstatement of full fringe benefits and seniority rights.

    (d)

    Compensation for lost wages, benefits, and other remuneration.

    (e)

    Any other compensatory damages allowable at law.

    (3)

    A court may award reasonable attorney's fees, court costs, and expenses to the prevailing party.

(Ord. No. 17-74, § 1, 10-3-17)