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Disclaimer: The discussions in these articles are based on FLORIDA whistleblower laws, NOT Federal laws.
The Florida Private Whistleblower Act is a State-level statute that protects employees from retaliation should they object to or refuse to participate in conduct by their employer that violates laws, rules, or regulations applicable to their industry.
There are other potential triggering events which can lead to protection, but the above is, by far, the most common.
As of late 2024, State law is somewhat unclear as to whether or not you must be able to prove an actual violation of the law by your private employer or whether you can simply move forward with a good faith belief that the law has been violated.
With this in mind, you should have a reasonable anticipation of what should or should not be illegal before moving forward. To better understand the law and determine if a law has been broken, an attorney can help you examine the background of the incident or conduct in question. With a lawyer’s help, you’re likely to have a much better idea as to whether laws, rules, and regulations were indeed violated.
In Florida, if you are employed by the private sector, all that is needed is for you to object to and refuse to participate in conduct that violates laws, rules, or regulations.
Still, it is especially helpful to establish a clear paper trail of evidence to document the suspected violation and your complaints or objections to that act. While not required, emails, memos, and texts can all be helpful in this regard as you file a claim.
If your employer is a part of the public sector, you must first submit a written complaint and a timely request for administrative review before taking the claim to court. Furthermore, public sector whistleblower claims in Florida require the administrative investigation to be completed before you can move forward with litigation.
It is important to receive guidance from an attorney to determine if a law, rule, or regulation has indeed been violated by your employer. An attorney can also help you better understand the documentation and evidence needed to make a strong case. This can minimize the likelihood of your employer claiming that they did not receive notice of your objection or claiming that the retaliatory act was a simple misunderstanding.
If you work in the public sector, it’s important to be aware that you must make your complaint in writing and then follow up with an appropriate agency to investigate the claim before you file a suit.
It can also be difficult to know to whom, exactly, you should submit your complaint. An attorney can do some intensive background digging to determine to whom you should submit your written complaint and with whom the matter should be discussed before proceeding to litigation.
For more information on Filing a whistleblower lawsuit in Florida, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (386) 388-6260 today.