CopyCited 100 times | Published | Court of Appeals for the Eleventh Circuit | 40 I.E.R. Cas. (BNA) 14, 2015 U.S. App. LEXIS 7436, 2015 WL 2058892
...Today’s majority holds that when Congress passed the National Banking
Act (NBA) in 1864, it intended—150 years later—for the three words “dismiss at
pleasure” to preempt Marc Wiersum’s retaliation claim under the Florida
Whistleblower’s Act, Fla. Stat. § 448.101–.105....
...violations of the law, including “the discharge, suspension, or demotion by an
employer of an employee or any other adverse employment action taken by an
employer against an employee in the terms and conditions of employment.” Fla.
Stat. §§
448.102,
448.101(5)....
CopyCited 74 times | Published | Supreme Court of Florida | 19 Fla. L. Weekly Supp. 592, 10 I.E.R. Cas. (BNA) 84, 1994 Fla. LEXIS 1806, 1994 WL 643760
...sh the decision under review and remand for further proceedings consistent with this opinion. [8] It is so ordered. GRIMES, C.J., and OVERTON, SHAW, HARDING, WELLS and ANSTEAD, JJ., concur. NOTES [1] Ch. 91-285, §§ 4-8, Laws of Fla., codified at §§ 448.101-.105, Fla. Stat. (1993). [2] Section 448.101(5), Florida Statutes (1993), defines "retaliatory personnel action" as "the discharge, suspension, or demotion by an employer of an employee or any other adverse employment action taken by an employer against an employee in the terms...
CopyCited 51 times | Published | Court of Appeals for the Eleventh Circuit | 2010 U.S. App. LEXIS 232, 108 Fair Empl. Prac. Cas. (BNA) 111, 2010 WL 20987
...inducement to prostitution, in violation of Florida Statute §
796.09. Against CFI
alone, she alleged sex discrimination under Title VII and the FCRA, retaliation
under Title VII, the FCRA, and the Florida Private Whistleblower Act
(“Whistleblower Act”), Fla. Stat. §
448.101-105, and negligent retention and
supervision, a common law claim....
CopyCited 38 times | Published | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 31, 15 I.E.R. Cas. (BNA) 1574, 2000 Fla. LEXIS 9, 2000 WL 31834
...Deering,
683 So.2d 180 (Fla. 2d DCA 1996), regarding the interpretation of the notice provisions found in sections
448.102 and
448.103, Florida Statutes (1995), part of the Whistle-Blower Act. We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. Sections
448.101-.105, Florida Statutes (1995), commonly known as the Whistle-Blower Act, are remedial statutes designed "to protect private employees who report or refuse to assist employers who violate laws enacted to protect the public." Arrow Air, Inc....
...NOTES [1] "Retaliatory personnel action" is defined as "the discharge, suspension, or demotion by an employer of an employee or any other adverse employment action taken by an employer against an employee in the terms and conditions of employment." § 448.101(5), Fla....
CopyCited 26 times | Published | Florida 2nd District Court of Appeal | 36 A.L.R. 6th 845, 22 I.E.R. Cas. (BNA) 873, 2005 Fla. App. LEXIS 266, 2005 WL 280337
...Garcia of Abrams Anton P.A., Hollywood, for Appellee. CASANUEVA, Judge. Ann E. Snow appeals a final judgment that dismissed with prejudice her two-count second amended complaint against her former law firm, Ruden, McClosky, Smith, Schuster and Russell, P.A. Ms. Snow's suit alleged a violation of section 448.101(2)-(3), Florida Statutes (1999), part of what is commonly referred to as Florida's Private Sector Whistle-Blower Act....
..."[I]t is axiomatic that in construing a statute courts must first look at the actual language used in the statute." Woodham v. Blue Cross & Blue Shield of Fla., Inc.,
829 So.2d 891, 897 (Fla.2002). Here, the critical statutory *791 phrase is "law, rule, or regulation." As defined by section
448.101(4), the term includes "any statute or ordinance or any rule or regulation adopted pursuant to any federal, state, or local statute or ordinance applicable to the employer and pertaining to the business." Ms....
...Snow's complaint does not state a cause of action and the trial court was correct to dismiss her suit. See J.R.D. Mgmt. Corp. v. Dulin,
883 So.2d 314 (Fla. 4th DCA 2004) (stating that a plaintiff may not sue for breach of at-will employment). Affirmed. STRINGER and WALLACE, JJ., Concur. NOTES [1] §§
448.101-.105, Fla....
CopyCited 22 times | Published | Florida 4th District Court of Appeal | 2013 WL 3924091, 2013 Fla. App. LEXIS 11992
...ally applied for, and received, Social Security Disability Benefits. Procedural Posture In April 2006, Aery brought suit against Maroone in the circuit court. In July 2007, Aery filed his third amended complaint, in which he alleged one violation of section 448.101-105, Florida Statutes (2005), also known as Florida’s Whistle-blower Act....
CopyCited 16 times | Published | District Court, M.D. Florida | 3 Am. Disabilities Cas. (BNA) 1345, 1994 U.S. Dist. LEXIS 15421, 1994 WL 594406
...Arst Co. v. Pipefitters Welfare Educ. Fund,
25 F.3d 417 (7th Cir.1994). Plaintiff's Amended Complaint contained the following counts: 1) violation of 42 U.S.C. § 12101 et seq. of the Americans With Disabilities Act (ADA); 2) violation of sections
448.101-105, Florida Statutes (1991) of the Florida Whistle-blower's Act; 3) false imprisonment; 4) defamation; 5) intentional infliction of emotional distress; and 6) misrepresentation....
...COUNT II FLORIDA WHISTLE-BLOWER's ACT Defendant moves to strike the portion of Plaintiff's claim alleging termination as a result of "her employer's illegal actions regarding her Baker Act proceedings, in violation of the Florida Whistle-blower's Act § 448.101-105." Defendant argues that this portion of Plaintiff's Whistle-blower claim should be struck because Plaintiff fails to allege that she reported any misconduct on the part of her employer regarding her Baker Act proceeding....
...ended Complaint. Accordingly, Defendant's Motion to Strike the portion of Plaintiff's Complaint alleging termination as a result of "her employer's illegal actions regarding her Baker Act proceedings, in violation of the Florida Whistle-blower's Act § 448.101-105" is GRANTED....
CopyCited 13 times | Published | Florida 3rd District Court of Appeal | 26 I.E.R. Cas. (BNA) 578, 2007 Fla. App. LEXIS 10979, 2007 WL 2043458
...ROTHENBERG, Judge. The plaintiff, Gary D. Morin ("Morin"), appeals an order granting Florida Power & Light's ("FPL") motion to dismiss for failure to state a cause of action under Florida's Private Sector Whistleblower Act ("Whistleblower Act" or "Act"), section 448.101, et seq., Florida Statutes (2005)....
... An employer may not take any retaliatory personnel action against an employee because the employee has: (3) Objected to, or refused to participate in, any activity, policy, or practice *261 of the employer which is in violation of a law, rule, or regulation. Section 448.101(2) of the Whistleblower Act defines "employee" as "a person who performs services for and under the control and direction of an employer for wages or other remuneration....
...We decline to do so and note with approval the Fourth District Court of Appeal's holding in Tracey-Meddoff v. J. Altman Hair & Beauty Centre, Inc.,
899 So.2d 1167 (Fla. 4th DCA 2005). The Fourth District Court of Appeal held that because the definition of "employer" in section
448.101(3) of the private sector whistleblower act is unambiguous, appellate courts do not have the "power to `construe an unambiguous statute in a way which would extend, modify, or limit, its express terms or its reasonable and obvious implications.'" Id....
CopyCited 13 times | Published | Florida 3rd District Court of Appeal | 11 I.E.R. Cas. (BNA) 57, 1996 A.M.C. 107, 1995 Fla. App. LEXIS 8904, 1995 WL 497113
...Baiton alleges that he was then discharged from Carnival's employment in retaliation for his agreement to testify for Medina, and his refusal to give a false statement. Baiton brought suit against Carnival for retaliatory discharge under federal maritime law and under Florida's private sector whistle-blower statute, section 448.101-.105, Florida Statutes (1993)....
...loyer, or a refusal to give a false statement in such a proceeding. We have carefully considered Carnival's arguments to the contrary, but are not persuaded thereby. II. Baiton also asserted a claim under the Florida whistle-blower statute, sections 448.101-.105, Florida Statutes (1993)....
...(3) Objected to, or refused to participate in, any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation." Id. §
448.102(3). An employee who has been the object of a retaliatory personnel action has a cause of action for damages, reinstatement, and injunctive relief. Id. §§
448.101(5),
448.103; see also Forrester v....
CopyCited 12 times | Published | District Court, S.D. Florida | 2002 U.S. Dist. LEXIS 6766, 2002 WL 553153
...The Florida Whistleblower's Act states, "`[r]etaliatory personnel action' means the discharge", suspension or demotion by an employer of an employee or any other adverse employment action taken by an employer against an employee in the terms and conditions of employment. Fla.Stat. § 448.101(5) [emphasis added]....
CopyCited 10 times | Published | Florida 3rd District Court of Appeal | 2006 WL 3208839
...Ruiz reported Espinosa's alleged battery to law enforcement, which conducted an investigation of the incident. On July 29, 2004, Aeropostal terminated Mrs. Ruiz's employment. Subsequently, the Ruizes filed a complaint, which included a count alleging a cause of action under Florida's Private Sector Whistleblower's Act, § 448.101, et seq., Fla....
CopyCited 10 times | Published | District Court, S.D. Florida | 2002 U.S. Dist. LEXIS 16563, 2002 WL 2002408
...e action is relevant only for private sector claims. For these reasons, the plaintiffs' public sector claim, which was filed beyond the 180-day period, is untimely. 2. Standard for Whistleblower Claims Under Florida Law Florida's private (Fla. Stat. § 448.101 et seq.) and public-sector (Fla.Stat....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 2000 WL 726422
...The complaint failed to state a cause of action under section
448.102, however, because an injunction is not "a law, rule or regulation" and the federal district court is not an "agency" within the meaning of the Act. The term "law" does not refer to the whole body of law but instead only to positive law. Section
448.101(4) states that the statutory term law, rule, or regulation: "includes any statute or ordinance or any rule or regulation adopted pursuant to any federal, state, or local statute or ordinance applicable to the employer and pertaining t...
...uously one of limitation, not enlargement. Moreover, in this act, the legislature has defined agency as "any agency of government charged with the enforcement of laws, rules, or regulations governing an activity, policy, or practice of an employer." § 448.101(1) Fla....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 39 I.E.R. Cas. (BNA) 1384, 2015 Fla. App. LEXIS 1782, 2015 WL 574007
...Lisa Griffin Hodgdon of Broad and Cassel,
Tampa, and Ginger Barry Boyd of Broad
and Cassel, Destin, for Appellee.
SILBERMAN, Judge.
Sean Kearns sued Farmer Acquisition Company d/b/a Charlotte Honda
(Charlotte Honda or the Employer), asserting a claim under sections
448.101 to
448.105, Florida Statutes (2009), also known as Florida's private sector Whistleblower's
Act (the FWA)....
...4th DCA 2000).
In the definition section of the FWA it provides that " '[l]aw, rule, or
regulation' includes any statute or ordinance or any rule or regulation adopted pursuant
to any federal, state, or local statute or ordinance applicable to the employer and
pertaining to the business." § 448.101(4)....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 29 I.E.R. Cas. (BNA) 498, 2009 Fla. App. LEXIS 2223, 2009 WL 690638
...wer Act. Diaz's attorney did not dispute that Impex Logistics, by itself, did not have the requisite number of employees to make it a covered employer under the Whistle *593 Blower Act, which requires that an employer employ ten or more persons. See § 448.101(3), Fla....
...Impex has cited no support to explain why ADP would be indispensable in this action, such that "no final decision can be rendered without their joinder." Hertz,
453 So.2d at 14. Here, the cause of action is for damages because the defendants took "retaliatory personnel action," as defined in section
448.101(5), Florida Statutes (2002), against Diaz....
...Under the Whistle Blower Act, the employer may not take retaliatory action against an employee because the employee, "[o]bjected to, or refused to participate in, any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation." §
448.102(3). Section
448.101(4) defines "law, rule or regulation" as, "includ[ing] any statute or ordinance or any rule or regulation adopted pursuant to any federal, *595 state, or local statute or ordinance applicable to the employer and pertaining to the business." Consequently, an OSHA rule is covered by this statutory definition....
CopyCited 8 times | Published | District Court, S.D. Florida | 1997 U.S. Dist. LEXIS 22085, 1997 WL 854500
...e workplace hell for women. Baskerville,
50 F.3d at 430. Title VII, however, was not designed to purge the workplace of vulgarity. Id. IV. Florida Whistle Blower's Claim Upon review of Fromm's claim under the Florida Whistle-Blower's Act, Fla. Stat. §
448.101 et seq., the Court determines that the whistle-blower's claim is not so related to the ADA and Florida Civil Rights Act claims so as to form part of the same case or controversy....
CopyCited 7 times | Published | District Court, M.D. Florida | 1998 U.S. Dist. LEXIS 2547, 1998 WL 97291
...ORDER ON DEFENDANT'S MOTION TO DISMISS KOVACHEVICH, District Judge. THIS CAUSE is before the Court on Defendant Jewish Center Towers' Motion to Dismiss the Plaintiff Marilyn Robinson's action for violations of the False Claims Act, *1476 under 31 U.S.C. Section 3730(h), and the Florida Whistleblower's Act, Section 448.101, et seq., pursuant to Federal Rule of Civil Procedure 12(b)(6)....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2003 WL 327505
...§
448.102(1)(3). The statute defines a "law, rule or regulation" as "includ[ing] any statute or ... any rule or regulation adopted pursuant to any federal, state, or local statute or ordinance applicable to the employer and pertaining to the business." §
448.101(4), Fla....
...ule. Even if we agreed with Akre that the FCC's news distortion policy was a "rule" as defined by section
120.52(15), her argument overlooks the fact that the whistleblower's statute specifically limits the definition of "rule" to an "adopted" rule. §
448.101(4)....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1993 Fla. App. LEXIS 12100
...ged violation of a law, rule, or regulation by the employer. (3) Objected to, or refused to participate in, any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation. In defining terms used in the chapter, section
448.101(4), provides that any law, rule, or regulation under section
448.102 "includes any statute or ordinance or any rule or regulation adopted pursuant to any federal, state, or local statute or ordinance applicable to the employer and per...
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 23 I.E.R. Cas. (BNA) 1415, 2005 Fla. App. LEXIS 18803, 98 Fair Empl. Prac. Cas. (BNA) 766, 2005 WL 3179984
...There must be a "hopeless inconsistency before rules of construction are applied to defeat the plain language of one of the statutes." Id. at 9 (quoting Agency for Health Care Admin. v. Estate of Johnson,
743 So.2d 83, 87 (Fla. 3d DCA 1999)). Florida Statute section
448.101 et....
CopyCited 5 times | Published | District Court, S.D. Florida | 2016 U.S. Dist. LEXIS 135853, 2016 WL 5661630
...ank Wall Street Reform and Consumer Protection Act, 15 U.S.C. §§ 78u-6 (“Dodd-Frank Act”) (Count I), the Family and Medical Leave Act, 29 U.S.C. § 2615 (“FMLA”) (Count II), and Florida’s private-sector whistle-blower’s act, Fla. Stat. § 448.101 et seq....
CopyCited 5 times | Published | District Court, S.D. Florida | 1993 U.S. Dist. LEXIS 9326, 1993 WL 249098
...THIS CAUSE has come before the Court upon the defendant's Motion to Dismiss and Motion for Summary Judgment. The motions have been fully briefed, and the Court heard oral argument of counsel on June 4, 1993. The motions are now ripe for ruling. I. Introduction This is an action brought pursuant to Fla. Stat. § 448.101 et seq., which prohibits an employer from taking retaliatory personnel action against an employee because the employee has "[o]bjected to, or refused to participate in, any activity, policy, or practice of the employer which is in violatio...
...t his employment was terminated because he refused to violate the Federal Motor Carrier Safety Regulations by driving an unsafe vehicle. Crowley Maritime has filed this motion to dismiss, or alternatively for summary judgment, arguing that Fla.Stat. § 448.101 is preempted by Section 301 of the Labor Management Relations Act, 29 U.S.C....
...greements. Lingle,
486 U.S. 399, 409,
108 S.Ct. 1877, 1883. The defendant contends that the plaintiff's claim is preempted by § 301 as a result of the language of the statute on which his claim is based. The Florida Whistleblower Statute, Fla.Stat. §
448.101 et seq., prohibits an employer from taking retaliatory personnel action against an employee because the employee has "[o]bjected to, or refused to participate in, any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation." However, Fla.Stat....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 177 L.R.R.M. (BNA) 2043, 2004 Fla. App. LEXIS 18779, 2004 WL 2823219
...ida Statutes Chapter 760, for discriminatory termination based on national origin/race. Count II alleged a violation of the FCRA for retaliatory termination. Count III set forth a claim of violation of the Florida Whistleblower Act, Florida Statutes section 448.101, for retaliatory termination....
CopyCited 5 times | Published | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 95414, 2008 WL 4150221
...commodate her and retaliated against her in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12102, et seq., the Florida Civil Rights Act (FCRA), Fla. Stat. §
760.01 et seq., and the Florida Whistleblower's Act (FWA), Fla. Stat. §
448.101, et seq....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2003 WL 1876973
...ued her employer in federal court, asserting violations of her First Amendment rights under 42 U.S.C. § 1983 and, pursuant to the federal district court's supplemental jurisdiction, violations of Florida's private-sector whistleblower act, sections 448.101-105, Florida Statutes (1999)....
...are in violation of a law, rule, or regulation. See §
448.102(1). "Employer," for the purposes of the private-sector act, "means any private individual, firm, partnership, institution, corporation, or association that employs ten or more persons." §
448.101(3). On its face Ms. Dahl's complaint without question states a cause of action under the private-sector act. She was an employeeas that term is defined in section
448.101(2)of Eckerd Family Youth Alternatives, Inc., a private company that employed more than ten persons....
...Significantly, in conclusion, the court held as follows: In the proceedings here, Prudential concedes that the facts set forth in the second amended complaint also suffice to state a good cause of action under the private sector whistle-blower's act, §§ 448.101-448.105, Fla. Stat. (1991). Since there must be further proceedings, we direct that on remand plaintiff be given an opportunity to amend to plead an alternative claim under sections 448.101-448.105....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1994 WL 478690
...emotional distress and loss of personal reputation. Finally, appellant seeks attorney fees, court costs and other related expenses. A motion to dismiss was filed by appellee on the ground that appellant did not state a cause of action under sections 448.101-105....
...aint and dismissing the cause with prejudice. In the order, the lower court stated that while it found appellant's arguments to be "compelling," the court found that the arguments carried the statute beyond its intended scope. The lower court viewed section 448.101-105 to be a type of "whistle-blower" act concerning violations of law specifically regulating an employer's particular type of business. Because it appeared to the lower court that the appellant would be unable to plead a cause of action under the statute, her claim was dismissed with prejudice. On appeal, appellant argues that sections 448.101-105, Florida Statutes (1991), modify the "at-will" doctrine which theretofore allowed discharge of an employee regardless of good cause....
...g or agreeing to false statements, and the public policy against slander. Appellee, taking a more narrow view of the statutory scheme, argues that section
448.102(3), when read in conjunction with the definition of "law, rule or regulation" found in section
448.101(4) [1] only precludes an employer from discharging an employee who refuses to participate in the violation of any law, rule or regulation which pertains to the particular industry or business in which the employer is engaged....
...tion
448.102, is not a substantive right based upon any concept of justice, ethical correctness, or principles of morals."
629 So.2d at 150. In Schroeder v. Crowley Maritime Corp.,
825 F. Supp. 1007 (S.D.Fla. 1993), the federal court determined that section
448.101 et al....
...We think the language of the statute is clear, and that appellee's more restrictive interpretation is not what the legislature intended. As noted above, appellant takes a more expansive view of this statutory scheme, and argues that because of the use of the term "includes" in section 448.101(4), [3] the legislature did not intend the definition stated to be exclusive....
...ntended such a broad approach. We are confident that the legislature did not intend to create a cause of action for what essentially amounts to an internal *1112 and personal dispute between appellant and her employers. By the definition provided in section 448.101(4), the phrase "law, rule or regulation" refers to enactments of a legislative or administrative forum....
...First National Bank & Trust Co.,
115 Fla. 436,
156 So. 101, 103 (1934), citing, Richardson v. Melish, 2 Bing. 229, text 252, 9 E.C.L. 557. Because we cannot agree that "public policy" issues such as those complained of by appellant fall within the ambit of section
448.101(4), and because appellant offers no other solid basis for establishing a cause of action under section
448.102, we affirm the dismissal of her complaint with prejudice. AFFIRMED. BARFIELD and LAWRENCE, JJ., concur. NOTES [1] Section
448.101, "Definitions," subsection (4) reads as follows: (4) "Law, rule, or regulation" includes any statute or ordinance or any rule or regulation adopted pursuant to any federal, state, or local statute or ordinance applicable to the employer and pertaining to the business. [2] Given the placement of commas in section
448.101(4), we view the phrase "pertaining to the business" as modifying only a "local statute or ordinance." Needless to say however, many statutes or regulations, federal or otherwise, are in fact industry-specific....
CopyCited 4 times | Published | District Court, S.D. Florida | 1999 U.S. Dist. LEXIS 13062, 1999 WL 613325
..."Retaliatory personnel action" is defined under the Act to mean "discharge, suspension, or demotion by an employer of an employee or any other adverse employment action taken by an employer against an employee in the terms and conditions of employment." Fla.Stat. § 448.101(5). "Law, rule, or regulation" refers to "any statute or ordinance or any rule or regulation adopted pursuant to any federal, state, or local statute or ordinance applicable to the employer and pertaining to the business." Fla.Stat. § 448.101(4)....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 20008, 2009 WL 4928032
...Jacobson sued Nova in 2007, alleging that she was terminated in a discriminatory manner on the basis of a disability in violation of the Florida Civil Rights Act, section
760.01, Florida Statutes, and that her termination was retaliatory and thus violative of the Florida Whistleblower Act, section
448.101, Florida Statutes....
CopyCited 4 times | Published | District Court, M.D. Florida | 1998 U.S. Dist. LEXIS 22168, 1998 WL 1032572
...Resley v. Ritz-Carlton Hotel, Co.,
989 F.Supp. 1442, 1445 (M.D.Fla.1997). Under this section an employer is defined as "any private individual, firm, partnership, institution, corporation, or association that employs ten or more persons." Fla.Stat. §
448.101(3)....
CopyCited 4 times | Published | District Court, S.D. Florida | 2005 U.S. Dist. LEXIS 45269, 2005 WL 5543891
...Plaintiffs' response to Defendants' Motion to Dismiss the First Amended Complaint, however, clarifies that they are asserting only a FLSA claim against the individual Defendants. See Plaintiffs’ Response at 2 (DE 53). In the instant motion, Plaintiffs state that they are as-setting a retaliation claim under Fla. Stat. § 448.101 (the "Whistle Blower Act”)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2000 WL 569942
...e of the employer which is in violation of a law, rule or regulation from retaliation. Defendant's Motion to Dismiss alleges that the Governor's executive order requiring evacuation of Flagler County is not a law, rule or regulation as is defined in Section 448.101, F.S....
...tion of emotional distress. Eastern Airlines, Inc. v. King,
557 So.2d 574 (Fla.1990); State Farm Mutual Automobile Insurance Company v. Novotny,
657 So.2d 1210 (Fla. 5th DCA 1995); and McAlpin v. Sokolay,
596 So.2d 1266 (Fla. 5th DCA 1992). Sections
448.101-448.105, F.S....
...The mandatory evacuation order issued by the Governor on July 3rd had the force and effect of law, Section
252.36(b), F.S. Reporting to work in Flagler County, argues Plaintiff, would have been in violation of that "law." Defendant's Motion to Dismiss raises the issuewhat constitutes a "law, rule or regulation"? Section
448.101(4) F.S....
...Any other construction of Section
448.102(3), F.S. on these facts would lead to an absurd result. The Court finds that neither the Governor's executive order nor the Flagler County order requiring mandatory evacuation of Flagler County is a law, rule or regulation as defined in Section
448.101(4), F.S....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2004 WL 1196674
...arrantless, illegal wiretaps on FEC employees. 7. As a result of his report of violations of laws, Plaintiff was terminated by the Defendant FEC. R. 38. Plaintiff alleged that his termination was in violation of Florida's whistleblower statutes. See § 448.101-448.105, Fla....
CopyCited 2 times | Published | District Court, M.D. Florida | 1997 U.S. Dist. LEXIS 17400, 1997 WL 688802
...Plaintiff considered himself to have been constructively, if not formally, discharged in retaliation for "blowing the whistle" on the illegal sales practices of NationsSecurities and NationsBank. This case was initiated in this Court by the filing of a Complaint seeking damages for violation of the Florida Whistleblower Act, Section 448.101, Florida Statutes....
CopyCited 2 times | Published | District Court, M.D. Florida | 2005 U.S. Dist. LEXIS 28420, 2005 WL 1163105
...a. Stat. (2004). A "retaliatory personnel action" means "the discharge, suspension, or demotion by an employer of an employee or any other adverse employment action taken by an employer against an employee in the terms and conditions of employment." § 448.101(5), Fla....
CopyCited 2 times | Published | District Court, M.D. Florida | 2016 U.S. Dist. LEXIS 19701, 2016 WL 659305
...n. The FWA defines “law, rule, or regulation” as “any statute or ordinance or any rule or regulation adopted pursuant to any federal, state, or local statute or ordinance applicable to the employer and pertaining to the business,” Fla. Stat. 448.101(4), a broad definition which presumably includes the FLSA....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 12530, 2011 WL 3477034
...(3) Objected to, or refused to participate in, any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation. §
448.102, Fla. Stat. (2009). The FWBA defines retaliatory personnel action to include termination. §
448.101(5), Fla....
...Stat. (2009). A “law rule, or regulation” under the FWBA is “any statute or ordinance or any rule or regulation adopted pursuant to any federal, state, or local statute or ordinance applicable to the employer and pertaining to the business.” § 448.101(4)....
CopyCited 2 times | Published | District Court, M.D. Florida | 2014 WL 1664554, 2014 U.S. Dist. LEXIS 57849
...# 11) on January 21, 2014. Paula Bonnafant (plaintiff or Bonnafant) filed a Complaint (Doc. #3) against Chi-co’s FAS, Inc. (defendant or Chico’s) in state court alleging that Chico’s violated the Florida (Private) Whistle-Blower Act (FWA), Fla. Stat. §§ 448.101-105 ....
...“law, rule, or regulation” is defined to include “any statute or ordinance or any rule or regulation adopted pursuant to any federal, state, or local statute or ordinance applicable to the employer and pertaining to the business.” Fla. Stat. 448.101(4)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2005 WL 841680
...We affirm because the Altmans are not "employers" within the meaning of the private sector whistleblower act, so they are not subject to whistleblower liability. Tracey-Meddoff sought statutory damages against the Altmans and the Hair & Beauty Centre under Florida's private sector whistleblower act, sections 448.101.105, Florida Statutes (2003)....
...Indian River Memorial Hospital,
778 So.2d 1030, 1031 (Fla. 4th DCA 2001), we affirm the trial court's dismissal of the Altmans from this action. Section
448.102 precludes an "employer" from taking "any retaliatory personnel action against an employee" who has engaged *1168 in specified conduct. Section
448.101(3) defines "Employer" as any private individual, firm, partnership, institution, corporation, or association that employs ten or more persons....
...The Florida common law does not recognize the tort of retaliatory discharge. See Arrow Air, Inc. v. Walsh,
645 So.2d 422, 424 (Fla.1994). The whistleblower act created "a new cause of action." Id. The act imposes statutory liability only on an "employer" as defined in section
448.101(3), which includes a corporation that employs ten or more persons....
...ution of the complaint. Id. at 1131 n. 2 (quoting §
112.3187(9)). De Armas held that since such remedies could be provided only by an agency, the legislature did not intend to impose individual liability upon an agency's officers and officials. Id. Section
448.101(3)'s definition of an "employer" is more precisely and narrowly drawn than the section
112.3187(3)(a) definition of "agency." Thus, the private sector whistleblower act is even less susceptible to an interpretation imposing individual...
CopyCited 1 times | Published | District Court, S.D. Florida | 1999 U.S. Dist. LEXIS 17762, 1999 WL 1051278
...Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq. ) (hereafter Title VII); 42 U.S.C. § 1981 (hereafter § 1981); The Florida Civil Rights Act of 1992, (Fla.Stat. §
760.01 et seq. ) (hereafter FCRA); and the Florida Whistle Blower Act (Fla.Stat. §
448.101 et seq....
CopyCited 1 times | Published | District Court, S.D. Florida
...The term "employ" "includes to suffer or permit to work." § 203 (g). The Whistleblower Act defines "employee" as "a person who performs services for and under the control and direction of an employer for wages or other remuneration. The term does not include an independent contractor." Fla. Stat. § 448.101 (2)....
CopyCited 1 times | Published | District Court, M.D. Florida | 2007 U.S. Dist. LEXIS 39924, 2007 WL 1601749
...oyment decision is not worthy of belief."). Based on the foregoing, the Court denies Lackmann's Motion for Summary Judgment with respect to Count V. V. Count VI Whistleblower Retaliation in Violation of Florida Whistleblower Act, Florida Statutes § 448.101 et seq....
...to participate in, any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation." Fla. Stat. §
448.102(3). Plaintiff asserts a claim against Lackmann for violation of Florida's Whistleblower Act, Fla. Stat. Section
448.101 et seq....
...Lackmann does not address the layoff of Plaintiff in this context. ( See id. ) A layoff adversely affects the terms and conditions of employment and thus can be considered a retaliatory personnel action under the Florida Whistleblower Act. Fla. Stat. § 448.101(5)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2013 Fla. App. LEXIS 1751, 2013 WL 440211
...e incidents. Nor can we determine what warnings, if any, Morales was given. Under the unemployment compensation statutes, an individual is disqualified to receive unemployment benefits if he or she has been discharged by the employer for misconduct. § 448.101, Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2016 WL 717917
the employer and pertaining to the business.” §
448.101(4), Fla. Stat. (2009). To state a claim under
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...Farinas-Sabogal and Jamie Dokovna of Becker & Poliakoff,
P.A., Miami, for appellee.
PER CURIAM.
We reverse the final summary judgment entered in favor of appellant’s
former employer, the Palm Beach Hotel Condominium Association, on
appellant’s retaliation claim under Florida’s Private Sector Whistleblower
Act, section 448.101, et seq., Florida Statutes (2015)....
CopyCited 1 times | Published | District Court, S.D. Florida | 2014 U.S. Dist. LEXIS 69883, 2014 WL 2025166
...¶¶71, 85.) For purposes of assessing fraudulent joinder, the Court will treat the Complaint as seeking punitive damages from Samas and Rodriguez. . The FWA defines "employer” as "any private individual,, firm, partnership, institution, corporation, or association that employs ten or more persons.” Fla. Stat. Ann. § 448.101 ....
CopyPublished | Supreme Court of Florida
and adverse employment action are derived from F.S.
448.101(5) and case law. Donovan v. Broward Cnty. Bd
CopyPublished | Florida 1st District Court of Appeal
...4th DCA 2000).
In the definition section of the FWA it provides that
“‘[l]aw, rule, or regulation’ includes any statute or
ordinance or any rule or regulation adopted pursuant to
any federal, state, or local statute or ordinance applicable
to the employer and pertaining to the business.”
§ 448.101(4)....
CopyPublished | Florida 4th District Court of Appeal
...(3), Fla. Stat. (2005).
“‘Law, rule, or regulation’ includes any statute or ordinance or any rule or
regulation adopted pursuant to any federal, state, or local statute or
ordinance applicable to the employer and pertaining to the business.” §
448.101(4), Fla....
CopyPublished | Florida 5th District Court of Appeal
...uld
it be enough to show that the employee believed in good faith that
the employer was violating a law, rule, or regulation in order to
recover? To quote former president Bill Clinton, “It depends on
what the meaning of ‘is’ is.” 3
1 §§ 448.101–105, Fla....
...Stat. (2023).
2 “‘Law, rule, or regulation’ includes any statute or ordinance
or any rule or regulation adopted pursuant to any federal, state, or
local statute or ordinance applicable to the employer and
pertaining to the business.” Id. § 448.101(4)....
CopyPublished | Supreme Court of Florida | 2012 WL 2848897
...dified to reflect that in addressing the claimant’s burden of proof under section
448.102(3), Florida Statutes (2011), each of the federal district courts in Florida has held that Florida’s private-sector *108 whistle-blower provisions, sections
448.101-105, Florida Statutes, require proof of an actual violation of law, as opposed to a reasonable, good faith violation....
...f’s Claim 415.11 Burden of Proof on Claim 415.12 Unlawful Retaliation Damages 415.13 Defense Issue on Damages (Mitigation-Discharge) 415.14 Reduction of Damages to Present Value NOTE ON USE FOR 415 The instructions in this section are based upon F.S. 448.101-105 (Florida’s private-sector whistle-blower provisions)....
...1st DCA 2008) (right to jury trial pursuant to the Whistle-blower Act, F.S.
112.3187-31895); Rodriguez v. Casson-Mark Corp.,
2008 WL 2949520 (M.D.Fla. July 28, 2008) (right to jury trial pursuant to the private-sector whistle-blower’s provisions, F.S.
448.101-105)....
...of employment and would discourage a reasonable employee in *110 [ (claimant’s) ] position from engaging in [a] [protected activit[y][ies].]] NOTES ON USE FOR 415.4 1. The definitions of retaliation and adverse employment action are derived from F.S. 448.101(5) and case law....
CopyPublished | District Court, N.D. Florida | 2014 WL 2961142, 2014 U.S. Dist. LEXIS 89378
...ell as unpaid wages. The “act of God” argument proposed by Defendants is not applicable to the expenses and wages claimed by Plaintiffs. EMPLOYER STATUS Plaintiffs claim that Defendants violated the FLSA, the Florida Minimum Wage Act, Fla. Stat. § 448.101 et seq., and the federal H-2A regulations, 20 C.F.R § 655.11 et seq....
CopyPublished | Florida 2nd District Court of Appeal | 2005 WL 263949
...ening to expose certain allegedly fraudulent sales practices. The matter was ordered to arbitration pursuant to the parties' prior written agreement. The arbitrator denied any relief to DeSocio and concluded that Sonic was the prevailing party under section 448.101 but nevertheless decided that Sonic should bear the costs of arbitration in the amount of $7628....
...diction to disturb the costs award. Accordingly, we reverse the judgment for attorney's fees and costs and remand for the circuit court to enter judgment in accordance with the arbitrator's costs award. NORTHCUTT and SALCINES, JJ., Concur. NOTES [1] § 448.101-.105, Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Sep 20, 2023
terms and conditions of employment.” Fla. Stat. §
448.101(5). To meet this requirement, the complaint
