Are Employees of Private Companies in Florida Protected By Whistleblower Law?
Florida employees who work for private companies may be protected by the Florida Private Sector Whistleblower Act. The law prohibits covered employers from taking retaliatory personnel action against an employee who reports, threatens to report, provides information about, objects to, or refuses to participate in certain unlawful activities, policies, or practices. In this article, you will find an overview of the whistleblower rights of private industry employees in Florida.
Know the Law: Florida Private Sector Whistleblower Act
The Florida Private Sector Whistleblower Act is the primary state law that protects the whistleblower rights of employees who work at private companies. Under the law, covered employers cannot take adverse, retaliatory action against a worker because that worker engaged in legally protected whistleblower activity.
An Overview of the Three Main Types of Protected Conduct
Florida Statutes § 448.102 identifies three main categories of protected employee activity. In other words, these three types of protected conduct are defined as whistleblower activity for employees at covered private sector employers in Florida. Here is an overview:
- Employer Legal Violation: In Florida, an employee may be protected for disclosing, or threatening to disclose, to an appropriate governmental agency, under oath and in writing, an employer activity, policy, or practice that violates a law, rule, or regulation.
- Testify or Assist With Official Investigation: An employee may be protected for providing information to, or testifying before, a governmental agency, person, or entity conducting an investigation, hearing, or inquiry into an alleged violation by the employer.
- Refusal to Violate Law or Regulation: Finally, an employee may be protected for objecting to, or refusing to participate in, an employer activity, policy, or practice that is in violation of a law, rule, or regulation.
The Notice Requirement is Critical in Private Sector Whistleblower Cases
The notice rule is one of the most technical parts of Florida private-sector whistleblower law. Under § 448.102(1), when an employee discloses or threatens to disclose an employer violation to an appropriate governmental agency, the employee generally must first bring the activity, policy, or practice to the attention of a supervisor or the employer in writing and give the employer a reasonable opportunity to correct it.
Retaliation, Remedies, and the “Violation of Law” Standard
A retaliatory personnel action may include termination, suspension, demotion, discipline, reduction in pay, adverse scheduling changes, or other materially harmful employment action. If the statute is violated, Florida Statutes § 448.103 allows an employee to file a civil action and seek relief such as an injunction, reinstatement, lost wages, lost benefits, seniority rights, and other compensatory damages allowed by law.
Recent Florida Supreme Court Clarification: The Florida Supreme Court’s recent decision in Gessner v. Southern Co. is important for private-sector whistleblower claims. The Court rejected the more lenient “reasonable belief” standard for claims under section 448.102(3) and held that an employee must identify an employer activity, policy, or practice that actually violates a law, rule, or regulation. In practical terms, it is not enough for an employee to have a good-faith belief that the employer acted unlawfully. The alleged conduct must be tied to a real legal violation. That makes early legal analysis especially important in Florida whistleblower cases because the strength of the claim may depend on whether the employee can connect the objection or refusal to a specific statute, rule, regulation, or other legal requirement.
There are also several other state and federal statutes that protect employees from retaliation in the workplace. If you believe you were punished, fired, demoted, disciplined, or otherwise treated unfairly after reporting unlawful conduct, objecting to illegal activity, or asserting your workplace rights, book your consultation with one of our attorneys now to learn more about your rights.
Get Help From a Florida Whistleblower Protection Lawyer
Whistleblower law in Florida is complicated for private industry employees. If you have any specific questions or concerns about your rights or your options, please do not hesitate to contact a Florida employment attorney for a strictly confidential, no obligation initial consultation.
