Under the Florida’s whistleblower law, an employer may not take any retaliatory action against an employee because the employee has:
(1) Disclosed, or threatened to disclose, to any appropriate governmental agency, under oath, in writing, an activity, policy, or practice of the employer that is in violation of a law, rule, or regulation; provided, however, that the employee has, in writing, brought the activity, policy, or practice to the attention of a supervisor or the employer and has afforded the employer a reasonable opportunity to correct the activity, policy, or practice;
(2) Provided information to, or testified before, any appropriate governmental agency, person, or entity conducting an investigation, hearing, or inquiry into an alleged violation of a law, rule, or regulation by the employer; or
(3) Objected to, or refused to participate in, any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation.
The law applies to all employers that employ 10 or more persons. For purposes of the reporting requirements discussed in (1) above, a “supervisor” is any individual within an employer’s organization who has the authority to direct and control the work performance of the affected employee or who has managerial authority to take corrective action regarding the violation of law, rule, or regulation of which the employee complains.
Any employee who has been the object of a retaliatory personnel action in violation of this law may institute a civil action for an injunction against the employer; reinstatement of the employee’s position, benefits, and seniority; compensation for lost wages, benefits, and other remuneration; and any other compensatory damages allowable at law.
