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Disclaimer: The discussions in these articles are based on FLORIDA whistleblower laws, NOT Federal laws.
In Florida, there are key differences in the protections offered by state court law versus Federal protections. In state court claims, when your employer is a private entity, investigations occur at your employer’s discretion.
Depending on how your private workplace’s human resources department works, there are likely specific channels through which you can report concerns or objections. In private companies, the only prerequisite for filing a whistleblower claim is that you have made an objection to or refused to participate in, an activity, policy or practice of the employer which is in violation of a law, rule, or regulation, provided information to, or testified before, an appropriate entity investigating a violation of a law, rule, or regulation of the employer, or, disclosed or threatened to disclose a violation of a law, rule, or regulation of the employer, as long as the employee, first, in writing, discloses the issue to the employer and gives the employer an opportunity to cure.
If you work in the public field, you will have to file a report in writing, which is then investigated by an appropriate agency. Some employers have a process in place allowing external entities to investigate, while others use internal reviews and investigations. In either case, it will be crucial to ensure that the complaints have been investigated and a possible solution looked into before resorting to the litigation process.
Unfortunately, you can not both benefit from the Florida Public and Private Whistleblower Act while remaining anonymous and shielded from employer knowledge of your complaint.
The very nature of the whistleblower protection process requires you to first speak up and object to hopefully change your employer’s practices for the better. There’s really no way for you to benefit effectively from the law without specifically identifying your complaints individually to your employer.
Attorney Matt Romanik is a determined, focused whistleblower protection attorney serving Florida. For nearly 30 years, he’s helped clients just like you understand the investigation process, protect key evidence, and move forward with confidence when employers retaliate.
Have questions, or in need of quality legal guidance? Reach out to Working For Workers for a free consultation today!
Private employers differ greatly in how efficient the investigation process is, and while you should ideally be updated by your employer, in reality, many of these investigations happen behind closed doors until a final decision is made.
In the public sector, a report must be filed to an investigative entity before filing a suit against your employer. While public employees ideally should be notified of the progress of this investigation, it’s more common for workers to be kept out of the loop while the investigation is underway unless, and until, there is a formal hearing on the matter.
First and foremost, you should try to keep track of what quantifiable losses, if any, you have suffered after making your complaint. While recovery beyond out-of-pocket losses is possible, it’s important to keep track of economic losses. This way, if there is a proposed resolution made prior to litigation, you are prepared to establish what would be a fair and reasonable amount.
Make sure that you also keep records of your attempts to offset these losses, as the law requires you to make efforts to do so, even when you have a strong claim and have suffered financially due to illegal conduct in your workplace.
For example, even if you have been harmed economically, it is important to do your best to seek a new job or other income streams. This helps keep your case strong and makes it more difficult for your employer to claim that your case is based on a desire for gain rather than a genuine complaint and genuine losses.
My role is to help you unearth any and every piece of evidence that supports your claim and verify that you were indeed treated differently than your coworkers because of your complaint. I can help you seek and retain copies of important documents, ensure a paper trail is preserved, and verify that your evidence is reliable and strong.
Depending on their position and industry, I may also be able to take a recorded statement or obtain an affidavit from your coworkers or supervisors to verify your account of events.
You may find that even if your coworkers understand that your complaint is legitimate, they may struggle to decide between supporting you and maintaining a good relationship with their employer. While coworkers may not disagree with the basis of your complaint, getting them to act as witnesses can be a challenge.
An experienced whistleblower protection attorney, however, can help you seek out, sort, and protect key evidence and documentation to help you make a strong claim, even if your coworkers hesitate to corroborate your account or go on record.
Still Have Questions? Ready To Get Started?
For more information on What To Expect During The Whistleblower Investigation Process In Florida, a free consultation is your next best step. Get the information and legal answers you are seeking by calling (386) 388-6260 today.
Attorney Matt Romanik is a determined, focused whistleblower protection attorney serving Florida. For nearly 30 years, he’s helped clients just like you understand the investigation process, protect key evidence, and move forward with confidence when employers retaliate.
Have questions, or in need of quality legal guidance? Reach out to Working For Workers for a free consultation today!
