The Whistleblower Act in Florida has been around since 1986 with a goal of preventing state and local government agencies, as well as private sector companies, from taking any retaliatory action towards employees who report violations of law that an employer may be making. Technically, Florida has two whistleblower laws: one for public-sector employees and another for private-sector employees. This same act provides protections for persons (beyond employees) who disclose any information regarding gross waste of funds or other abuse, gross neglect of duty, or improper use of a government office.

For the purposes of the aforementioned definition, an agency includes public schools, colleges, officials or officers of a government entity, and any local, state, or regional government entity. Gross mismanagement refers to situations such as a continued pattern of managerial abuses, wrongful or capricious actions, or fraudulent or criminal conduct. This act does not protect any individuals who bring forth false information that they know to be false.

The law protects the disclosure of allegation to only government agencies that are authorized to manage, investigate, police, or otherwise fix a violation. Such agencies include a whistle-blower’s hotline, an agency inspector general, an employee designated as agency inspector general, or the Office of the Chief Inspector General.

Of course, it would be wonderful if honesty was always the best policy at every workplace, but that is simply not the case. In too many places of employment, bosses may retaliate against employees when those workers object to situations where laws are being violated or when those employees are asked to participate in illegal acts. The concept that these employees should not be discriminated against or harassed is what led to the Florida Whistleblower Act, designed to give some protections to employees who are simply trying to do the right thing when placed in a difficult situation.

The goal of this law is to prevent Florida employers from lashing out towards employees who are trying to bring violations of law to light. Some typical responses from employers who are breaking this law include firing, demotions, or other types of punishment towards an employee.

Florida’s Whistleblower Act gives recourse to employees who believe that their bosses have unfairly punished them for encouraging compliance with local, state, and federal laws. Employees who simply believe that they are doing the right thing might be shocked to learn that they have been given a less desirable position or been fired altogether simply for trying to raise awareness about serious concerns in the workplace.

The law gives protections to private sector employees in three different types of circumstances:

Employees who successfully follow through a lawsuit under the Whistleblower Act in Florida may be entitled to compensation for their economic damages. This may even include back wages and the influence of reduced future earnings. In addition, a successful lawsuit may yield winnings in the firm of attorney’s fees and some litigation expenses.

It’s important to know that retaliatory actions outside of firing may also be considered under the protections for whistleblowers in Florida. These actions could be reductions in wages, reductions in benefits, bad faith decisions related to employee transfers, denials of raises or promotions, or demotions. All of these can impact your life in a serious manner and it’s recommended that you contact an attorney if you believe you are entitled to protections under the Florida Whistleblower Act.

References:

The Florida Whistleblower’s Act

Distinguishing Chicken Little from Bona Fide Whistleblowers

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