The Florida Private Sector Whistleblower Law, Florida Statutes §§448.101-448.105, prohibits employers from taking adverse employment action against an employee because the employee objected or refused to participate in any activity, policy, or practice of the employer, which constitutes a violation of a law, rule or regulation.

1. Covered persons: An “employer” under the Florida Private Whistleblower Law means any private individual, firm, partnership, institution, corporation or association that employs 10 or more persons. An “employee” means any person who performs services for an employer for salary or other remuneration, but It is not include an independent contractor.

2. Statute of limitations: The law limitations on filing a Florida private whistleblower case are two (2) years after discovery that the alleged retaliatory personal action was taken, or within four (4) years after the action was taken staff, whichever comes first.

3. Administrative Exhaustion: You are not required to exhaust your administrative remedies; an employee can file a complaint in court. In other words, you do not need to file a charge of discrimination with the EEOC or the Florida Human Relations Commission to file a Florida Private Whistleblower Act case. Therefore, it is not necessary to wait at least 180 days before initiating the litigation process, unlike a case brought under Title VII or the Florida Civil Rights Act.

4. Remedy: If you are successful in your Florida Private Whistleblower’s Act case, the court may order: (1) an injunctive relief restraining the continued violation of the law, (2) reinstatement of the employee to the same position held before the action retaliatory personnel, or one-fourth of the equivalent position, (3) reinstatement to all fringe benefits and seniority rights, (4) compensation for lost wages, benefits, and other remuneration, or (5) any other compensation for damages permitted by the law.

5. Attorney Fees: A court can award reasonable attorneys’ fees, court costs, and expenses to the winning party in a Florida Private Whistleblower Law case, which means that the employee may have to pay the employer’s attorneys’ fees, if they win or not.

6. Written Notice: To be protected under the Whistleblower Act to complain to an outside agency, an employee must first disclose, in writing, the illegal act to the employer.

7. Testify as a witness: An employee is protected by the Whistleblower Act for testifying or acting as a witness under a subpoena related to an alleged illegal act of the employer.

Leave a Reply

Your email address will not be published. Required fields are marked *