The Florida Whistleblowers Act is a set of laws aimed at protecting whistleblowers and the act of whistleblowing. The law is supposed to prevent government agencies and independent contractors from retaliating against an employee who reports the illegal activity of their employer.
This statute applies to public officials and their employees, as well as private employers and employees. The law provides protection to whistleblowers when they report illegal activity under federal, state, or local law. The Florida Whistleblowers Act prohibits:
- An agency or independent contractor from dismissing, disciplining, or taking other harmful action against employees who disclose information about violations of law or gross mismanagement;
- Taking action that could negatively affect the rights or interests of a person in retaliation for that person’s reporting of information.
The Florida Whistleblower Act Private Employer Law protects employees in the private sector from retaliation if they report their employer’s illegal activity or a violation of any policy or practice contrary to the law. This would include such illegality as Medicaid fraud.
The WAPE encourages employees to report illegal activities because it promises them compensation for their losses if their employer retaliates against them for whistleblowing. This information must be reported to the authorities in writing or in legal testimony. The report of wrongdoing should also be done in a timely manner. In other words, the employee should not wait to make their report.
What Is Whistleblowing?
Whistleblowing occurs when an employee “blows the whistle” on illegal or unethical behavior on the part of their employer. A whistleblower reports their employer to the appropriate government agency or authority or possibly a law enforcement agency.
For example, an employee may submit a claim of discrimination in employment on the basis of gender to the federal Equal Employment Opportunity Commission (EEOC). Title VII of the Civil Rights Act prohibits employment discrimination. A person may report other violations of Florida employment laws.
A whistleblower legally cannot be terminated for their whistleblowing actions. Whistleblowers are also protected under specific whistleblower protection laws.
An employer is prohibited from retaliating against the whistleblower by terminating them or denying their benefits. There are some common examples of reasons why whistleblowing occurs, including when an employer is:
- Violating workplace health and safety laws, which leads to illness or death of workers because of conditions in the workplace;
- Violating laws that ban discrimination in hiring and firing;
- Practicing discrimination against a protected class or activity;
- Mismanaging funds;
- Abusing their authority.
What Are the Rights of Whistleblowers?
Generally, a whistleblower has the right to report the illegal conduct of their employer. Their employer may not retaliate against them, especially in connection with their employment, e.g., firing them. A whistleblower can file a complaint if their employer does retaliate against them for whistleblowing. They may be compensated for any damage the employer’s retaliatory actions cause the whistleblower.
Which Federal Laws Protect Whistleblowers?
The federal laws that protect whistleblowers are a patchwork, so to speak, because the various statutes and regulations are scattered over a variety of areas of employment law. Some of the major laws which protect whistleblowers include:
The Sarbanes-Oxley Act of 2002 (SOX) provides protections for whistleblowers in publicly traded reporting corporations. SOX also requires a corporate employer to provide procedures that allow employees to make anonymous complaints.
In addition, SOX makes it a criminal offense for an employer to retaliate against a whistleblower. An offense is punishable by up to 10 years in prison and/or criminal fines.
The False Claims Act (FCA) permits a person who is not associated with the government to file a claim of fraud against the federal government or one of its agencies. Several states also have their own versions of the federal FCA. Some important aspects of this law include the following:
- Prohibits people from knowingly presenting a false claim regarding payments or other financial issues to the government;
- Allows a person who files the claim to collect a portion of the awards from proceedings, usually 15-25%. This is known as qui tam, where the individual is allowed to file on behalf of the government.
The Notification and Federal Employee Anti-Discrimination and Retaliation Act of 2002, or the No-FEAR Act, applies only to an employee of a federal agency. This Act raises the work standards for federal agencies as well as implements more strict whistleblowing mandates, which include:
- Federal agencies must notify all of their employees of their rights under the whistleblower laws;
- They must also provide procedures for processing complaints;
- The agency employers must provide investigations of complaints regarding equal employment opportunity violations;
- Federal agents who violate whistleblower policies will be subject to discipline.
The federal Whistleblower Protection Act was implemented in 1989 and revised in 2002. It provides protections for a whistleblower who works for the federal government as well.
The Whistleblower Protection Act led to the creation of the Office of Special Counsel (OSC). The OSC investigates complaints from federal employees. This Act, however, was recently challenged in a Supreme Court case and is currently undergoing restructuring.
The Military Whistleblower Protection Act provides protections specific to military employees. It permits members of the armed forces to complain to a member of Congress.
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Who May File a Whistleblower Retaliation Complaint?
The Florida Whistleblower’s Act applies to an employee who has been hired by the State of Florida and needs relief because of employment discrimination retaliation. The Act also applies to people who are in the process of applying for employment with the State of Florida or with a Florida-operated state agency.
Specifically, Florida Statute 448.102 prohibits an employer from taking any action in retaliation against an employee because the employee either threatened to report or did report any actions of the employer that violate the law.
For employees who are not employed by the State of Florida, there are other avenues of protection and procedures for filing a complaint. These may include taking actions such as filing a complaint with the federal Equal Employment Opportunity Commission (EEOC).
In the alternative, a whistleblower may be permitted to file a civil lawsuit, although there are some restrictions regarding who can file a lawsuit. Whether a person is filing with the State of Florida, a federal agency, or a civil court, a person may want a local Florida attorney for help throughout the process. A person may be able to file a lawsuit for wrongful termination if they have been fired.
How Do I File a Complaint Under the Florida Whistleblower’s Act?
A person first needs to file with the Florida Commission on Human Relations (FCHR). The FCHR then conducts an investigation and a mediation and determines if the person qualifies for a legal remedy, which may include a damages award or reinstatement to their position.
This process may also require the person to submit whatever evidence they have of the retaliation against them. They will also be required to submit answers to a questionnaire in relation to their claim.
Can I File a Lawsuit Immediately if My Employer Has Retaliated Against Me?
Generally, a person may not file a lawsuit immediately after their employer retaliates against them. It is important to be aware that whistleblower laws typically require a person to file a claim with the Occupational Safety and Health Administration (OSHA), the EEOC, or another appropriate agency before they may file a civil lawsuit in court.
OSHA is a federal agency that hears cases involving violations of health and safety regulations in the workplace. A claim must be formally filed with OSHA 180 days following the employee’s learning of the retaliation.
In the event that an employer does retaliate against a person for whistleblowing, they may be able to recover compensation for their economic losses. This includes back pay and a possible reinstatement to their former position.
What Is the Statute of Limitations for the Florida Whistleblower Act?
The filing deadline for a whistleblower claim under the Act in Florida is 60 days following the retaliation. Therefore, a person wants to act promptly if they have a claim for whistleblower retaliation or any other employment complaint.
This deadline is different from the FCHR deadlines for other types of claims, such as discrimination, for which the statute of limitations may be as long as one year.
What Are the Rewards for Whistleblowers?
There are no real rewards for whistleblowers, but the law entitles them to compensation for the losses if they prove that they have been the victim of retaliation for whistleblowing.
Do I Need a Lawyer for Help With the Whistleblower Laws in Florida?
It is essential to have the help of a Florida wrongful termination lawyer for any whistleblower issues you may have in Florida. Filing an employment-related claim of any type can also be a challenging effort.
There may be technicalities with respect to filing a claim with an agency before a person may file a lawsuit. LegalMatch.com can connect you with a lawyer who knows exactly how to proceed and protect your rights.
Your attorney will be able to guide you through the filing process, assist you with evidence gathering, and help you obtain the legal remedy that applies to your case. Your attorney will also represent you in court.
