7 Things You Need to Know Emboîture Florida’s Private Whistleblower Act
The Florida Private Sector Whistleblower Act, FS §§448.101-448.105, prohibits employers from taking antagonique employment entreprise against an employee parce que the employee objects to or refuses to participate in an activity, policy or practice of the tasser(se), which constitutes a agression. of a law, rule, or regulation.
1. Covered Person: An “tasser(se)” under the Florida Private Whistleblowers Act means any individual, firm, partnership, pension, société, or liaison that employs 10 or more persons. An “employee” means any person who performs principes for an tasser(se) for wages or other remuneration, but no Includes an independent contractor.
2. Statute of Limitations: The statute of limitations for filing a Florida private whistleblower lawsuit is two (2) years after discovery of the alleged retaliatory employee entreprise, or aléa (4) years after the employee entreprise, whichever is earlier.
3. Administrative Crampe: There is no need for you to exhaust your administrative remedies; An employee can bout a complaint in lapidaire. In other words, you do not need to bout a racisme complaint with the EEOC or the Florida Diplôme on Human Rapports to bring a Florida Private Whistleblower Act case. Therefore, unlike cases brought under Title VII or the Florida Sociable Rights Act, there is no need to wait at least 180 days before starting the litigation process.
4. Remedy: If you are successful in your Florida Private Whistleblowers Act case, the lapidaire may order: (1) an injunction prohibiting continued violations of the Act, (2) reinstatement of the employee to the same opinion prior to the retaliatory private entreprise, or a groupe equivalent opinion, (3) a restoration of full fringe benefits and seniority rights, (4) soulagement for lost wage benefits and other reinstatement, or (5) any other compensatory damages permitted by law.
5. Attorney’s Fees: A lapidaire may award reasonable attorney fees, lapidaire costs and expenses to the prevailing party in a Florida Private Whistleblowers Act lawsuit, meaning the employee may have to pay the tasser(se)’s attorney fees, if he or she does not prevail.
6. Written Mémorandum: To be protected under the Whistleblowers Act for making a complaint to an outside agency, an employee must first disclose the illegal act to the tasser(se) in writing.
7. Testify as a witness: An employee is protected under the Whistleblower Act for testifying or acting as a witness under a subpoena related to an alleged illegal act by the tasser(se).
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