Florida has put in place laws that protect an employee who reports illegal activities on the part of their employer. A Ft. Lauderdale employment law office emphasizes this protection against employer retaliation covers both public and private sector employees.
Although each whistleblower case must be investigated by a Ft. Lauderdale employment attorney on its particular facts and circumstances, typical activities that give rise to a cause of action include:
- Making a federal or state discrimination claim;
- Cooperating with federal or state authorities in their investigation of the employer; and
- As an employee, refusing to participate in illegal activity.
Florida law also protects employees who make a whistleblower claim that is later dismissed. The standard a Ft. Lauderdale employment law office cites as applicable is a reasonable belief; that is, the law protects employees from retaliation when they report their employer for suspected violations, even if those allegations are not proven to be correct if a reasonable person, given the same information the employee had, would have come to the same conclusion.
Types of Disclosures
Violations or, as a Ft. Lauderdale employment law office emphasizes, suspected violations, include reporting such activities as neglect, waste, fraud or abuse. Violations of local law and ordinances, as well as Florida state law and federal laws, rules and regulations are within whistleblower protections.
Cause of Action
To initiate a lawsuit under Florida law, a Ft. Lauderdale employment attorney most show:
- The employee was engaged in activity protected by statute;
- A negative employee action; and
- The reason for the negative employee action was related to the whistleblower activity.
The damages a Ft. Lauderdale employment law office will seek include:
- An injunction to prevent such further illegal activity;
- Compensation for lost wages and benefits; and
- Any other compensation the court deems just.
Contact a Ft. Lauderdale Employment Attorney for Legal Advice
If you have made a complaint against your employer and have been victimized as a consequence, you need to explore your rights and remedies. Call Mark J. Berkowitz, P.A., a Ft. Lauderdale employment law office, at (954) 527-0570.