Private employees (those not working for a governmental agency) wishing to claim protection under the Florida Whistleblower Act law must meet the following six (6) criteria. The employee must have:
- Disclosed or threatened to disclose to an agency under oath and in writing;
- An activity, policy, or practice of his or her employer;
- That was in violation of a law, rule, or regulation;
- That the employer retaliated against his or her because of the disclosure or threat to disclose;
- He or she had given written notice to the employer of its activity, policy, or practice;
- Thereby giving the employer reasonable opportunity to correct the activity, policy, or practice.
An employer cannot dismiss, discipline, or take other adverse personnel action against employee for disclosing information of any violation or suspected violation of law or regulation or act by independent contractor which creates a substantial and specific danger to the public's health, safety, and welfare or act of gross management malfeasance, gross public waste of funds or gross neglect of duty unless information known by employee to be false.
If you believe you have been retaliated against for such whistleblower activity, you must act quickly. The limitations period is sometimes very short. Contact The Meyers Firm immediately for a consultation.