Understanding Whistleblower Protection in Florida Employment Law

Whistleblowers play a crucial role in promoting transparency and accountability in the workplace by reporting wrongful actions taken by their employers. Misconduct in the workplace can involve violations of laws, regulations, or public policies. This wrongdoing can range from fraud and breaches of environmental laws to safety violations and discrimination.

In Florida, both state and federal laws provide protections for those who report illegal or unethical behavior by their employers. However, many employees are not fully aware of their rights. This blog focuses on whistleblower protection under Florida employment law, including the types of conduct that are protected and the legal remedies available to whistleblowers.

Which Florida Laws Protect Whistleblowers in the Workplace?

Here are some important Florida laws that protect whistleblowers in the workplace:

1. Florida Private Sector Whistleblower Act

The Florida Private Sector Whistleblower Act protects private sector employees against retaliation based upon, if the employee:

• Threatened to disclose illegal activity by their employer at the workplace.
• Provide information to a government agency.
• Refuse to participate in the activities that can violate the laws or regulations.
• To protect the employees, he or she must first give the employer written notice of the issue and an opportunity, generally 15 days, to solve the matter before the employee risks being terminated or discriminated against.

2. Florida Public Sector Whistleblower Act

This statute protects public employees (defined as working for state or local government agencies) who report:

• Gross mismanagement
• Waste of public funds
• Abuse of authority
• Violations of law or rule
• Endangerment of the public health, safety, or welfare

Public employees may report the above to the proper authorities or the Florida Commission on Human Relations (FCHR).

What are the Federal Protections for Whistleblowers?

• Sarbanes-Oxley Act (SOX): This act protects employees who report financial fraud in public companies.
• OSHA (Occupational Safety and Health Act): It protects employees who report unsafe work conditions.
• False Claims Act (FCA): The False Claims Act can protect employees when reporting fraud against the federal government.
• Dodd-Frank Act: It can provide protections (and potential monetary awards) for reporting violations of the securities laws.

What is Retaliation?

Retaliation is a form of action that is taken against an employee by the employer at the workplace due to the reason that they disclosed information about whistleblowing. Retaliation may include:

• Termination
• Demotion
• Pay slash
• Bullying
• Negative performance evaluations
• Threats and intimidation

Note that retaliation can be an action that an employer can take without firing an employee. Any change that is enough for a reasonable person to think twice about going against the wrongdoing is also considered retaliation.

How to Quote a Whistleblower Complaint in Florida?

For Private Sector Employees:

• Document the wrongdoing and file a written complaint with your employer.
• Give your employer a chance to fix the problem.
  If they retaliate, you may file a civil lawsuit.

For Public Sector Employees:

• Report the wrongdoing to a proper governmental entity (Inspector General).
• File a complaint with the Florida Commission on Human Relations (FCHR), 60 days after you suffered retaliation.

Note: The procedures and deadlines will depend on the type of employer and violation.

What are Possible Legal Remedies for Whistleblowers?

If an employee suffers retaliation, they may be entitled to:

• Be reinstated to their former position
• Be paid back wages and other benefits
• Receive compensatory damages (for emotional distress, etc.)
• Be compensated for attorney’s fees and court costs
• Injunctive relief (e.g., enforcement of an order to stop the employer from retaliating against the employee)
• Under certain federal laws, like the False Claims Act, whistleblowers may also receive a percentage of any funds recovered by the government due to their report.

What are Employer Defenses Against Whistleblower Claims?

Employers may attempt to defend themselves against whistleblower claims by arguing:

• The employee was terminated or disciplined for legitimate, non-retaliatory reasons.
• The employee failed to follow internal complaint procedures.
• A disclosed activity was not actually illegal or in violation of a law.
• For this reason, whistleblowers should document everything and consult with an employment attorney as early in the process as possible.

The Law Office of Garcia Hernandez, P.A. is a Miami-based law firm that offers reliable services for protecting the rights of individuals who report illegal activities in the workplace. The attorneys Henry Hernandez, with over 19 years of experience, and Carla Garcia, with 19 years of experience, at the Law Office of Garcia Hernandez, P.A., are committed to helping with the best guidance possible. You can contact the Law Office of Garcia Hernandez, P.A. through the following contact details:

Call On: (305) 771-3374
Office Address: The Law Office of Garcia Hernandez, P.A., 2655 LeJeune Road, Suite 802, Coral Gables, FL 33134.

What are the Best Practices for Employees Considering Whistleblowing?

• You need to familiarize yourself with both Florida and federal whistleblower laws.
• Keeping a record of communications, misconduct, and any retaliation can be helpful if you are considering whistleblowing.
• Follow the procedures, especially in the private sector. Notify your employer in writing before making any external report.
• Consultation with an experienced attorney who has extensive knowledge in employment law to protect your interests is important.

Final Thoughts

In Florida, whistleblowers are protected by a framework of laws that are designed to promote accountability and protect employees from retaliation. If you are in the private or public sector, it is important to understand what your rights and responsibilities are before taking any action.

FAQs About Whistleblower Protection in Florida

Question 1. Can I be terminated for reporting illegal activities in my workplace?

Answer. No, in Florida, both the state and federal laws can protect you as a whistleblower from retaliation, including termination, if you report illegal activities in good faith.

Question 2. If I work in the private sector, do I need to report misconduct to my employer first?

Answer. Yes, if you work in the private sector, it is essential to provide your employer with written notice before leaving to report externally.

Question 3. Can I sue my employer if they retaliate against me?

Answer. Yes, you may sue your employer for damages, reinstatement, and legal fees under Florida’s whistleblower statutes if you have experienced retaliation.

Question 4. What is the legal protection of whistleblowers in Florida?

Answer. In Florida, whistleblowers play an important role in maintaining transparency and encouraging employees to come forward without fear of retaliation. Laws are implemented to offer protection to the whistleblowers.