Whistleblower Claims and Retaliation Prevention

What are whistleblower claims and how does retaliation prevention tie into them?

Whistleblower claims entail individuals reporting fraudulent activities related to an entity they are associated with, which are sometimes encouraged by state and federal laws that permit legal action against entities engaging in such conduct. These laws safeguard employees against retaliation for reporting illegal practices at their workplace and may even result in financial restitution for the whistleblowers.

Need help with a matter related to whistleblower claims and retaliation prevention? Schedule your consultation today with a top employment law attorney.

In Florida, which laws and regulations relate to whistleblower claims and retaliation prevention?

In Florida, several laws and regulations offer protection and avenues for whistleblowers:

• Florida Statutes §448.102 bars employers from retaliating against employees who report illegal employment practices.
• Florida Statutes §68.083 (Florida False Claims Act) empowers individuals aware of defrauding the state to take civil action.
• Nationwide application is found in the federal False Claims Act (31 U.S.C. §§ 3729-3733), enabling individuals to sue entities defrauding the government.
• Additionally, the Sarbanes-Oxley Act (18 U.S.C. §1514A(a)) extends whistleblower protection to employees of publicly traded companies.

\What are common issues regarding whistleblower claims that lead to litigation?

Litigation often involves these prevalent issues in employment law:

• Retaliation: Employers penalizing employees for exercising their rights under whistleblower protection laws, including harassment, demotion, or altering pay or hours.
• Hostile Work Environments: Creating unwelcoming workplaces for employees reporting or contemplating reporting illegal activities.
• Wrongful Termination: Unlawfully firing an employee, particularly for refusing to partake in illicit actions.

When a set of facts is appropriate to meet the requirements of whistleblower claims or retaliation prevention, there are many paths a claimant may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path forward to seek appropriate remedies.

To determine whether a unique situation may necessitate litigation, please contact our office to set up your initial consultation.

What steps should an employer take to minimize the risk of litigation over whistleblower claims and retaliation prevention?

To curtail litigation risks over whistleblower claims and retaliation prevention, employers should:

• Establish Clear Policies: Develop explicit whistleblower policies detailing reporting procedures and prohibiting retaliation.
• Educate Management: Train supervisors on these policies, emphasizing non-retaliation against reporting employees.
• Prompt and Thorough Investigations: Treat all reports seriously, conducting swift and thorough inquiries while safeguarding whistleblower confidentiality.
• Documentation: Maintain comprehensive records of reports and investigations.
• Fair Employment Practices: Ensure any adverse actions taken against whistleblowers are legitimate and non-discriminatory.

What evidence does a plaintiff generally need to successfully file a lawsuit regarding whistleblower claims and retaliation prevention, and what are common legal defenses to those claims?

Plaintiffs must typically demonstrate specific elements to file a successful lawsuit:

• The plaintiff whistleblower engaged in protected activity by disclosing information;
• The defendant employer took adverse employment action;
• The protected activity was a cause of the adverse action; and
• The plaintiff whistleblower incurred damages due to the adverse action.

Employers may raise various defenses against these claims, such as:

• Legitimate Non-Retaliatory Reason Defense: Asserting adverse actions were unrelated to protected activity.
• Statute of Limitations Defense: Filing within the stipulated time frame.
• Qualified Immunity Defense: Applicable to public employers or supervisors acting in good faith and within the law.
• After-Acquired Evidence Defense: Demonstrating discovered misconduct or wrongdoing post adverse action.

To see what actions or defenses may be available for your unique situation, please contact our office to set up your initial consultation.

Frequently Asked Questions

1. What types of activities are protected under Florida’s whistleblower laws?
For public employees, protection is afforded for reporting violations that pose a substantial and specific danger to public health, safety, or welfare, as well as acts of gross mismanagement, malfeasance, misfeasance, gross waste of public funds, Medicaid fraud or abuse, or gross neglect of duty. Private sector employees are protected when they report or threaten to report employer activities that violate laws or regulations, after providing written notice to the employer and an opportunity for correction.

2. What damages can be claimed by whistleblowers in Florida?
Whistleblowers in Florida may seek damages such as lost wages and benefits, job reinstatement, reimbursement of attorney’s and court fees, and in certain cases, a portion of any money recovered from the wrongdoing. Private-sector employees may also seek compensatory damages for emotional distress.

3. How can a retaliatory whistleblower claim be filed in Florida?
Private sector employees may file a wrongful discharge lawsuit in an appropriate court within two years of discovering the alleged illegal activity and retaliation. Public employees should first file a claim with the Florida Commission on Human Relations and then, if necessary, proceed with a lawsuit within 180 days of receiving notice of the investigation’s termination.

Have more questions about whistleblower claims and retaliation prevention?

Crucially, this overview of whistleblower claims and retaliation prevention does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain a tireless advocate every step of the way. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to set up a consultation.

Here are some blogs written by JB attorneys that provide more information related to employment law:

• Independent Contractor vs. Employee – What is Your Status? | Jimerson Birr (jimersonfirm.com)
• Independent Contractor or Employee: Know the Difference (jimersonfirm.com)