The Florida Private Sector Whistleblower Act, Fla. Stat. §448.102 et seq. (FWA) provides protection to employees who have complained about an employer's illegal or wrongful conduct. However, it is not sufficient under the FWA for an employee to merely state that the employer is doing something illegal.
There are several strict requirements that employees must prove under the FWA. Specifically, an employee must not only complain about illegal conduct, he or she must also prove the following. First, the employee must prove that he or she disclosed or threatened to disclose to a governmental agency, in writing and under oath, an activity, policy or practice of the employer that was in violation of a law, rule or regulation. This requires the employee to not only make or threaten to make a report in writing and under oath, but also requires the employee to prove that the activity, policy or practice is, in fact, illegal under federal or local law. A mere belief that conduct is illegal is not sufficient. In addition, the disclosure must be to a governmental agency and must be in writing and under oath. Thus, a letter to a state health department may not be sufficient if it is not made under oath.
Second, the employee must provide that the employer retaliated against the employee because of the protected activity, e.g., the disclosure. This means that the employer must have known or been informed of the disclosure. This requirement in itself will mean that only extremely recalcitrant employers will become subject to an FWA claim.
Third, the employee must prove that the employer not only knew of the disclosure, but that the employer was given written notice of the activity, policy or practice that was illegal, thereby giving the employer a reasonable opportunity to correct the activity, policy or practice. Such written notice must be specific and not just simply "rantings" about the circumstances at work. This is to prevent mere employment disputes from reaching the level of an FWA claim.
Therefore, as many have already guessed by reading the foregoing, in real world circumstances, only the very astute private sector employees will be able to prevail under these standards. However, employees and employers alike must be aware of these requirements and should be always vigilant when illegal activity is suspected or when an employee raises the aspect of illegal activity occurring.
If you believe that there is illegal activity occurring at the workplace, contact Santiago Padilla, Law Offices of Santiago J. Padilla, P.A. as soon as possible. Based in Miami, Florida, we represent workers throughout South Florida in whistleblower cases. To set up a free initial consultation, you can contact us through the Internet or call us at (305) 358-1949.
