Whistleblower
The Florida Legislature has enacted two laws that are designed to prohibit employers, both private and public, from retaliating against employees who report the employer’s unlawful or inappropriate conduct or refuse to do certain unlawful or inappropriate acts.
A. Public Sector Whistleblower’s Act
The Florida Public Sector Whistleblower Act is intended to prevent agencies or independent contractors from taking retaliatory action against an employee who reports to an appropriate agency violations of law on the part of a public employer or independent contractor that create a substantial and specific danger to the public’s health, safety, or welfare. It is also the intent of the Legislature to prevent agencies or independent contractors from taking retaliatory action against any person who discloses information to an appropriate agency alleging improper use of governmental office, gross waste of funds, or any other abuse or gross neglect of duty on the part of the agency, public officer, or employee.
An employer shall not dismiss, discipline, or take any other adverse personnel action against an employee for disclosing information pursuant to the provisions of the “Act.” The Act defines “adverse personnel action” as:
Prerequisites to Filing Lawsuit
State Employee
Any employee of or applicant for employment with any state agency who is discharged, disciplined, or subjected to other adverse personnel action, or denied employment, because he or she engaged in an activity protected by this section may file a complaint with the appropriate agency. The matter will be referred to and investigated by the Florida Commission on Human Relations (FCHR). Upon receipt of notice from the FCHR of termination of the investigation, the employee may elect to pursue an administrative remedy or bring a lawsuit within 180 days after receipt of the notice.
Local Government Employee
Within 60 days after the action prohibited by this section, any local public employee protected by this section may file a complaint with the appropriate local governmental authority, if that authority has established by ordinance an administrative procedure for handling such complaints or has contracted with the Division of Administrative Hearings to conduct hearings. The administrative procedure created by ordinance must provide for the complaint to be heard by a panel of impartial persons appointed by the appropriate local governmental authority. Upon hearing the complaint, the panel must make findings of fact and conclusions of law for a final decision by the local governmental authority. Within 180 days after entry of a final decision by the local governmental authority, the public employee who filed the complaint may bring a lawsuit in any court of competent jurisdiction. If the local governmental authority has not established an administrative procedure by ordinance or contract, a local public employee may, within 180 days after the action prohibited by this section, bring a lawsuit in a court of competent jurisdiction. For the purpose of this paragraph, the term "local governmental authority" includes any regional, county, or municipal entity, special district, community college district, or school district or any political subdivision of any of the foregoing.
Other Government Employees
Any other person protected by this section may, after exhausting all available contractual or administrative remedies, bring a civil action in any court of competent jurisdiction within 180 days after the action prohibited by this section.
B. Private Sector Whistleblower’s Act
Unlike Florida’s public sector Whistleblower’s Act, which has no requisite number of employees that must be employed by the employer, Florida’s private sector whistleblower laws only apply to private sector employers that employ ten (10) or more persons.
An employer may not take any retaliatory personnel action against an employee because the employee has:
(1) Disclosed, or threatened to disclose, to any appropriate governmental agency, under oath, in writing, an activity, policy, or practice of the employer that is in violation of a law, rule, or regulation. However, this subsection does not apply unless the employee has, in writing, brought the activity, policy, or practice to the attention of a supervisor or the employer and has afforded the employer a reasonable opportunity to correct the activity, policy, or practice.
(2) Provided information to, or testified before, any appropriate governmental agency, person, or entity conducting an investigation, hearing, or inquiry into an alleged violation of a law, rule, or regulation by the employer.
(3) Objected to, or refused to participate in, any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation.
A. Public Sector Whistleblower’s Act
The Florida Public Sector Whistleblower Act is intended to prevent agencies or independent contractors from taking retaliatory action against an employee who reports to an appropriate agency violations of law on the part of a public employer or independent contractor that create a substantial and specific danger to the public’s health, safety, or welfare. It is also the intent of the Legislature to prevent agencies or independent contractors from taking retaliatory action against any person who discloses information to an appropriate agency alleging improper use of governmental office, gross waste of funds, or any other abuse or gross neglect of duty on the part of the agency, public officer, or employee.
An employer shall not dismiss, discipline, or take any other adverse personnel action against an employee for disclosing information pursuant to the provisions of the “Act.” The Act defines “adverse personnel action” as:
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the discharge, suspension, transfer, or demotion of any employee or the withholding of bonuses, the reduction in salary or benefits, or any other adverse action taken against and employee within the terms and conditions of employment by an agency or independent contractor.
Prerequisites to Filing Lawsuit
State Employee
Any employee of or applicant for employment with any state agency who is discharged, disciplined, or subjected to other adverse personnel action, or denied employment, because he or she engaged in an activity protected by this section may file a complaint with the appropriate agency. The matter will be referred to and investigated by the Florida Commission on Human Relations (FCHR). Upon receipt of notice from the FCHR of termination of the investigation, the employee may elect to pursue an administrative remedy or bring a lawsuit within 180 days after receipt of the notice.
Local Government Employee
Within 60 days after the action prohibited by this section, any local public employee protected by this section may file a complaint with the appropriate local governmental authority, if that authority has established by ordinance an administrative procedure for handling such complaints or has contracted with the Division of Administrative Hearings to conduct hearings. The administrative procedure created by ordinance must provide for the complaint to be heard by a panel of impartial persons appointed by the appropriate local governmental authority. Upon hearing the complaint, the panel must make findings of fact and conclusions of law for a final decision by the local governmental authority. Within 180 days after entry of a final decision by the local governmental authority, the public employee who filed the complaint may bring a lawsuit in any court of competent jurisdiction. If the local governmental authority has not established an administrative procedure by ordinance or contract, a local public employee may, within 180 days after the action prohibited by this section, bring a lawsuit in a court of competent jurisdiction. For the purpose of this paragraph, the term "local governmental authority" includes any regional, county, or municipal entity, special district, community college district, or school district or any political subdivision of any of the foregoing.
Other Government Employees
Any other person protected by this section may, after exhausting all available contractual or administrative remedies, bring a civil action in any court of competent jurisdiction within 180 days after the action prohibited by this section.
B. Private Sector Whistleblower’s Act
Unlike Florida’s public sector Whistleblower’s Act, which has no requisite number of employees that must be employed by the employer, Florida’s private sector whistleblower laws only apply to private sector employers that employ ten (10) or more persons.
An employer may not take any retaliatory personnel action against an employee because the employee has:
(1) Disclosed, or threatened to disclose, to any appropriate governmental agency, under oath, in writing, an activity, policy, or practice of the employer that is in violation of a law, rule, or regulation. However, this subsection does not apply unless the employee has, in writing, brought the activity, policy, or practice to the attention of a supervisor or the employer and has afforded the employer a reasonable opportunity to correct the activity, policy, or practice.
(2) Provided information to, or testified before, any appropriate governmental agency, person, or entity conducting an investigation, hearing, or inquiry into an alleged violation of a law, rule, or regulation by the employer.
(3) Objected to, or refused to participate in, any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation.
