The Florida Private Sector Whistleblower Act prohibits retaliatory action by private employers as against employees who provide information to, testify, or otherwise participate in an investigation before an appropriate governmental agency as to an employer's legal violation. One type of conduct prohibited under this act is any retaliatory personnel action against an employee because the employee has: “Objected to, or refused to participate in, an activity, policy, or practice of the employer which is in violation of a law, rule, or regulation.” Fla. Stat. § 448.102(3). As to this third type of prohibited conduct, there is no requirement that the employee report the alleged illegal conduct to a government agency, or participate in any government investigation, before suing for retaliation following an adverse employment action.
However, Florida requires the employee pursuing a retaliation claim under this third type of prohibited conduct to plead and prove that the employer committed an “actual violation” of a “law, rule, or regulation.” Although there is a minority view that historically required a less stringent “objectively reasonable belief” standard for an employee to pursue this type of retaliation claim, there is significant authority that now requires the plaintiff to object to an activity, policy, or practice that “violated” the law, rule, or regulation. Accordingly, the minority view appears to be on the verge of extinction.
Recently, accepting the employer's...
The HYDRA Commissioner has clarified that HYDRA will not interfere with houses built in old layouts on ULC (Urban Land Ceiling) lands , nor with unregularised vacant plots in such layouts. He urge...