Dismissal of Complaint (Action under Florida’s Public Whistleblower Act) for Failure to State Cause of Action

in Standard of Review, Trial Perspectives

A trial court’s dismissal of a complaint for failure to state a cause of action is reviewed under a de novo standard. Henley v. City of North Miami, 46 Fla.L.Weekly D2296c (Fla. 3d DCA 2021). An example of a trial court dismissing a complaint for the failure of the plaintiff to state a cause of action can be found in Henley where the trial court dismissed with prejudice the plaintiff’s claim under Florida’s Public Whistleblower Act per Florida Statute s. 112.3187. In this case, a public employee (plaintiff) alleged that he was terminated after sending emails and texts to the City...

05 July

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Nature of Disclosure under Florida’s Public Whistleblower Act

Posted by David Adelstein

in Trial Perspectives

In a prior article, I discussed damages under Florida’s Public Whistleblower Act set forth in Florida Statute s. 112.3187. When dealing with Florida's Public Whistleblower Act, an important question needs to be asked. What type of disclosure by a whistleblower triggers protection of a public employee under the Act? “To establish a prima facie case under the [Florida Public] Whistle-blower's Act, the plaintiff must show that (1) prior to her termination, she made a disclosure protected by the Act; (2) she suffered an adverse employment action; and (3) some causal connection exists between the first two elements.” Pickford v. Taylor County...

19 January

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Employer cannot Retaliate against Employee for Workers’ Compensation Claim

Posted by David Adelstein

in Trial Perspectives

In prior postings, I talked about Florida’s private Whistleblower Act and Florida’s Public Whistleblower Act dealing with retaliatory terminations. Besides these whistleblower protections, there is also protection in Florida’s Workers’ Compensation Law that states: 440.205 Coercion of employees.—No employer shall discharge, threaten to discharge, intimidate, or coerce any employee by reason of such employee’s valid claim for compensation or attempt to claim compensation under the Workers’ Compensation Law. To support an employment retaliation claim: [A] plaintiff must prove the following three elements: 1) the plaintiff was engaged in protected activity; 2) the plaintiff was thereafter subjected by his employer to an adverse employment action; and...

27 July

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Damages Under Florida’s Public Whistleblower Act

Posted by David Adelstein

in Trial Perspectives

In a prior article, I discussed damages recoverable under Florida’s Whistleblower Act, which concerns employees working for private employers. An employer cannot retaliate against an employee for reporting or objecting to violations of laws, rules, and regulations. But, Florida also has a Whistleblower Act concerning employees or independent contractors working for public employers. This is embodied in Florida Statute s. 112.3187 (also known as Florida’s Public Whistleblower Act) and designed to prevent the retaliation against such persons that report to an appropriate agency violations of law or any person that discloses information to an appropriate agency regarding the gross waste of...

20 July

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Damages Under Florida’s Whistleblower Act

Posted by David Adelstein

in Trial Perspectives

Florida’s Whistleblower Act is designed to protect an employee who is wrongfully retaliated against (i.e., suspended, terminated, demoted, etc.) for objecting to or refusing to participate in his or her employer’s illegal practices. Aery v. Wallace Lincoln-Mercury, LLC, 118 So.3d 904, 912 (Fla. 4thDCA 2013) (citation and quotation omitted). This is set forth in Florida Statute s. 448.102. If you believe you have been retaliated against for threatening to blow the whistle (or refusing to participate and objecting to your employer’s illegal activities), it is important to consult with counsel immediately to ensure your rights are protected. Also, if you believe...