Examples of Whistleblower Claims

So, what exactly qualifies as whistleblowing?

Here are some of the most common whistleblowing actions:

• Reporting an employer’s criminal activity, such as tax evasion
• Reporting an employer for defrauding the government, such as submitting fraudulent claims for reimbursement from government programs like Medicare
• Reporting an employer’s violations of environmental regulations
• Reporting an employer’s violation of safety rules and regulations
• Reporting an employer’s violations of financial regulations
• Reporting an employer’s violations of securities laws and regulations or acts of securities fraud

Too often, employees who make good-faith whistleblower claims find themselves the target of retaliation by their employer.

Common acts of retaliation against whistleblowers include:

• Denial of promotions
• Denial of raises, bonuses, or commissions
• Denial of job or training opportunities
• Withholding or rescinding favorable work opportunities
• Transfers to less desirable positions or duties
• Issuing negative performance reviews or placing an employee on performance-improvement-plans
• Increased job scrutiny
• Imposition of unreasonable or impossible deliverables and deadlines
• Termination
• Spreading reputation-damaging rumors
• Providing negative recommendations to prospective employers
• Filing civil claims against an employee, such as breach of contract or misappropriation of intellectual property
• Threats of reputational, financial, or physical harm

What Law or Laws Protect Employees in a Florida Whistleblower Claim?

State laws in Florida that protect employees who engage in whistleblowing against their employers include:

• Florida Statutes 448.102 – Florida’s private whistleblower Act
• Florida Statutes 68.081-68.092 – Florida’s False Claims Act
• Florida Statutes 112.3187 – Florida’s Public Whistleblower Act

Read here for more information on the Florida whistleblowing laws.

Numerous federal laws also contain whistleblower protection provisions that protect employees who report violations of the statutes by their employer. These statutes include:

Another important federal whistleblower law is the Whistleblower Protection Act, which protects employees in Florida, and across the U.S., who report legal or regulatory violations, gross mismanagement, waste of funds, or abuse of authority by federal agencies.

The federal False Claims Act (FCA) allows employees of companies who have contracts with the federal government or receive federal funds to report an employer’s fraudulent activity with federal funds by filing a qui tam lawsuit against their employer. A qui tam lawsuit may be taken up by the U.S. Department of Justice, or the employee may be permitted to continue pursuing the case on their own. In either case, they may be entitled to receive a portion of the judgment or settlement obtained against the employer. The FCA also includes provisions that prohibit whistleblower retaliation by employers.

Types of Damages in a Whistleblower Lawsuit

A whistleblower retaliation lawsuit can help you recover damages and legal relief such as:

• Back pay after being transferred, suspended, or terminated in retaliation for filing a whistleblower claim
• Front pay after being wrongfully terminated or after losing employment opportunities and career advancement
• Legal expenses
• Reinstatement to your former position
• Compensation for emotional distress and suffering

If you file a False Claims Act against your employer, you may also be entitled to recover a fee equal to a portion of the total settlement or judgment obtained against your employer.

How Long Do I Have to File a Claim for ?

Depending on the statute you claim your employer has violated, you may have as few as 30 days or as many as 2 years to file a claim alleging retaliation by your employer for your whistleblower claim. This deadline begins running as soon as you learn of the alleged retaliatory act by your employer, such as demotion, transfer to a less desirable position, denial of promotion or raises, or termination.

False Claims Act lawsuits under federal or Florida state law must be filed within six years after the employer’s fraudulent act, or within three years of the date that facts of the alleged violation were known to government officials but no later than 10 years after the employer’s fraud.