An Overview of Whistleblower Protections in Florida
The law provides protections for whistleblowers who report illegal or unethical activities in both the public and private sectors. A basic understanding of these laws is important for employees. This article aims to summarize in a nutshell the key provisions of Florida’s whistleblower laws.
The Florida Whistleblower Act- The Florida Whistleblower Act protects state government employees who disclose violations of laws, rules, or regulations, as well as gross mismanagement, malfeasance, fraud, waste, or abuse of public resources. Covered employees include full-time, part-time, and temporary workers. Protected disclosures must be made to an appropriate government agency or authority.
The Florida Private Sector Whistleblower Act Florida also extends whistleblower protections to private sector employees who report and/ or oppose violations of company policies, state or federal laws and regulations. Employees are shielded from retaliation for disclosing illegal conduct to supervisors/management or government agencies, as well as for refusing to participate in unlawful activities.
If an employer takes adverse action against the whistleblower, they can be liable for compensatory damages, back pay, reinstatement, attorney fees, and possibly punitive damages
Adverse employment action refers to any negative or unfavorable action taken by an employer against an employee in retaliation for whistleblowing. Common examples of adverse employment actions that could be deemed unlawful retaliation include:
Termination or firing
Demotion or loss of responsibilities
Reduction in pay or benefits
Exclusion from training opportunities
Unwarranted negative performance reviews
Harassment or bullying
Lateral job transfer designed to punish the employee
Significant change in work schedule, location, or work conditions
In summary, Florida has whistleblower laws protecting both public and private sector employees. However, the facts and circumstances surrounding a particular claim against your employer may be nuanced. At the WLT Law Firm, we are here to provide you with the guidance you need. Do not hesitate to contact us for a free consultation.