Florida’s private-sector anti-retaliation statute is called the Florida Private Sector Whistleblower Act (FWA).
The law is straightforward. Basically, it prohibits an employer from taking an adverse action against an employee when the employee complains that the employer is violating a law, rule, or regulation.
Simple enough right?
Not so fast.
There is a conflict in the Florida courts about a key provision of the law.
The conflict deals with whether an employee needs to complain about an ACTUAL violation or just needs to have a reasonable belief that there is a violation.
Those of us in the defense camp argue that the employee needs to complain about an ACTUAL violation.
Employee-side lawyers argue that the employee only needs a reasonable belief that there is a violation.
Now, given the Florida’s Supreme Court will decide the issue once and for all.
Why does this matter?
If the Florida Supreme Court determines that an employee needs to complain about an actual violation, then it will make it MUCH harder for an employee to establish a whistleblower claim.
Florida employment lawyers have been waiting for this issue to reach the Florida Supreme Court.
Now, it’s time get your popcorn 🍿 and wait for the decision.