Employment Disputes – Retaliation / Adverse Employment Action – Florida Whistleblower Act
One area where businesses can get into trouble with how they treat their employee’s concerns “Retaliation or Adverse Employment Action” when a business fires, demotes, suspends or takes an adverse action against an employee for engaging in “protected activity.”
Under Florida’s Whistle Blower Protection Act, F.S. §448.102, an employer may not take retaliatory actions against an employee because the employee has disclosed in writing and under oath to an appropriate government agency an “activity, policy or practice that is violative of a law, rule or regulation” as long as the employee first raises the issue in writing with the employer and gives the employer a chance to remedy the situation. Similarly, if an employee provides information or testimony to a government agency investigating an allegedly improper practice, or if the employee refuses to participate in, any activity, policy or practice of an employer which violates a law, rule or regulation, the employer may not take any retaliatory actions.
Basically, the Florida law is meant to protect a whistleblower from the employer taking action against him for the whistleblowing activity.
A court may award reasonable attorney’s fees, court costs, and expenses to the prevailing party under F.S. 448.104.
Todd C. Passman, P.A. handles employment litigation in Fort Pierce, Port St. Lucie, Vero Beach, Stuart, and Okeechobee, Florida, and surrounding areas. If you have claim concerning an employment matter including, retaliation, FLSA, or other issues surrounding employment, we may be able to help you.