The Florida Whistleblower Act provides protection to any person who has been retaliated against for reporting or objecting to illegal activity by their employer. The discrimination can take the form of any aspect of employment including hiring, firing, demotion, promotions, fringe benefits, or some other condition of employment.
An objection to an employer’s practice does not need to be in writing but it must be related to the action of the employer and not merely a co-worker. Examples of activities that merit protection when reported are failing to pay overtime, discrimination based on a protected category (race, age, sex, religion, national origin, marital status, disability, and color), safety violations governed by OSHA or any other violation of the law.
The Act only applies to employers with ten or more employees.
Before filing suit against your employer you must first file a claim with the Florida Commission on Human Relations (FCHR). Claims filed with the FCHR must be filed within 365 days of the date the discrimination occurred. However, it is always advisable to meet with an attorney or file your claim as soon as you can so that you don’t waive other remedies.
If you feel you have been retaliated against for reporting illegal behavior, please do not hesitate to call our offices in Tampa or Tallahassee. When you call, an attorney will be happy to discuss your claim and determine your best options.