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Disclaimer: The discussions in these articles are based on FLORIDA whistleblower laws, NOT Federal laws.
The type of evidence you need will depend on the type of violation that has occurred. For example, if you are complaining about the temperature of a nursing home being kept higher than regulations allow for in Summer, you should secure a log or electric copy of temperature readouts.
If you are complaining about the improper disposal of dangerous products, photo or video evidence of the improper handling will be helpful. Statements from other coworkers verifying that you objected to or refused to participate in unlawful acts can also be pivotal.
Unsure of what types of evidence to collect? A conversation with an attorney can also help you brainstorm types of information, data, and documentation that will be helpful in proving a violation of the law, regulations, or rules in your workplace.
Objective evidence, such as emails, can be exceptionally helpful. In years past, it was common for employers to claim that a complaint was not received, not understood, or not communicated clearly enough. Email provides an objective trail of communication along with dates and times, ensuring employers can not deny that they were notified or deny that communication occurred.
While some workplace rules may limit your ability to obtain or retain workplace-specific information, others may have fairly lax rules about the type of documentation an employee can keep.
You may be able to make copies of information and send it to yourself in the form of saved emails, screenshots, photos, or files. To the extent that you are regularly and customarily able to export data or retain it, carefully do so to prevent that information from being lost, deleted, or destroyed by your employer.
As your attorney, I’ll sit with you and help you carefully articulate the inner workings of your workplace. Once you are able to express what you believe the problem or violation is, we’ll review how your workplace is set up, how data is collected and stored, and what information is available. This will help determine what type of documentation or evidence may be available to help support your claim.
Witnesses can be extremely helpful. While your single complaint can be enough to win the case, having corroborative evidence from other people certainly strengthens your claim, making it much more difficult for your employer to deny that the illegal incident or conduct occurred.
This is especially true if your witness did not themselves suffer adverse acts from complaining about or objecting to the illegal practices. A judge or jury is likely to take such a witness seriously, and their testimony about employer conduct can be extremely impactful toward prosecuting your claim.
Yes, quite a few. I recently engaged in a claim in which a line worker objected to how product aging was being documented in her workplace. She did the right thing and escalated her complaint to her supervisor. Her supervisor investigated the matter and found that a violation of regulations was occurring. Having the supervisor look into her claim and verify that workplace violations were occurring was extremely helpful in the resolution of her case.
For more information on Essential Tips To Support Your Whistleblower Case Under Florida Law, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (386) 388-6260 today.