How To Prove A Florida Whistleblower’s Action – Retaliation Claim

 

 

In Florida, a claim of Whistleblower’s Action – Retaliation is defined as:

A Whistleblower’s Action is a claim launched by an employee or other person against a government agency or private enterprise for retaliation based on a disclosure of mismanagement, corruption, illegality, or some other wrongdoing by the company or agency.

It simply means:

Someone who reports illegal activities within an organization, agency or company can sue if that organization, agency, or company retaliates.

There are 4 elements of the claim:

• Element 1. The plaintiff engaged in protected activity. The plaintiff took part in a legally protected action, such as reporting wrongdoing or unsafe practices at work, which is a key requirement for claiming they faced retaliation for speaking out against those issues.
  

  Facts that might support this element look like:

  * The plaintiff reported suspected financial misconduct to the company’s compliance department, believing it violated federal regulations.
  * The plaintiff participated in an internal investigation regarding safety violations, providing testimony that highlighted potential hazards in the workplace.
  * The plaintiff filed a complaint with the Occupational Safety and Health Administration (OSHA) regarding unsafe working conditions that endangered employees.
  * The plaintiff disclosed information about illegal dumping of hazardous waste to local environmental authorities, raising concerns about public health.
  * The plaintiff refused to participate in a fraudulent scheme, informing management that it was unethical and illegal.

• Element 2. The plaintiff suffered an adverse employment action. The plaintiff experienced negative consequences at work, such as being fired, demoted, or facing harassment, after reporting wrongdoing or illegal activities, which is a key part of proving they were retaliated against for being a whistleblower.
  

  Facts that might support this element look like:

  * The plaintiff was demoted from their managerial position to a lower-level role after reporting safety violations to upper management.
  * The plaintiff’s work hours were significantly reduced following their disclosure of unethical practices within the company.
  * The plaintiff received a negative performance review that was inconsistent with their prior evaluations after they filed a complaint about workplace harassment.
  * The plaintiff was terminated from their job shortly after they reported illegal activities to the appropriate authorities.
  * The plaintiff was excluded from important meetings and projects after raising concerns about financial misconduct within the organization.

• Element 3. There is a causal relationship between the protected activity and the adverse employment action. In a whistleblower retaliation claim, this means that the negative action taken against an employee, like being fired or demoted, directly happened because they reported wrongdoing or unsafe practices at work.
  

  Facts that might support this element look like:

  * The employee reported safety violations to management, and within two weeks, they received a negative performance review.
  * After the employee filed a complaint with HR regarding discrimination, their work hours were significantly reduced without explanation.
  * The employee’s supervisor expressed frustration about the whistleblower complaint during a team meeting shortly before the employee was demoted.
  * Following the employee’s disclosure of illegal activities, they were excluded from important meetings and projects that were previously assigned to them.
  * The employee was informed that their position was being eliminated shortly after they reported unethical behavior to upper management.

• Element 4. Civil action was brought within 180 days after the action prohibited by the Florida Whistle-blower Act. A whistleblower must file a legal complaint within 180 days after experiencing retaliation for reporting wrongdoing, as required by the Florida Whistle-blower Act, to ensure their claim is considered valid and can proceed in court.
  

  Facts that might support this element look like:

  * The plaintiff reported the alleged retaliatory action to their employer on January 15, 2023.
  * The plaintiff filed the civil action in court on July 10, 2023, within the 180-day timeframe.
  * The employer’s retaliatory action occurred on January 5, 2023, shortly after the plaintiff’s whistleblower report.
  * The plaintiff received written confirmation of the employer’s retaliatory action on January 10, 2023.
  * The plaintiff was aware of their rights under the Florida Whistle-blower Act at the time of filing the complaint.

^{(See Florida Dep’t of Children & Families v. Shapiro, 68 So.3d 298, 305-06 (Fla.Dist.Ct. App.2011). Fla. Stat. 112.3187(8)(b).)}
If you’re in court without a lawyer and plan to assert a Claim of Whistleblower’s Action – Retaliation, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively advocate for your rights.

Prove Your FL Whistleblower’s Action – Retaliation Claim

U.S. Civil Cases Only