Florida’s Whistleblower Act (FWA) makes it illegal for an employer to fire, demote, harass or otherwise “retaliate” against an employee for objecting, or refusing to participate in any activity, policy or practice of the employer which is in violation of a law, rule, or regulation. However, in order to prevail under the FWA, the employee must prove that the activity, policy or practice of the employer that the employee objected to is, in fact, in violation of a law, rule or regulation.

Protected activity under the FWA can take a wide variety of forms. A typical example of protected activity is where an employee reports his/her employer for a violation of a health or safety law or regulation, or for the failure to pay employment taxes, or for the commission of fraud. Other examples include but are not limited to:

• An employee testifies on behalf of another employee in an employment discrimination case;
• An employee of a food concessionaire complains and objects to employer’s practice of serving outdated fish and other food;
• An employee reports a dangerous activity or situation to a state agency in charge of health and safety.