A ruling late last month by the Florida Supreme Court has raised (or at least clarified) the bar for employees who seek protection from retaliation by employers for being a whistleblower.
The case before the state’s high court involved a welder mechanic for Gulf Power Company. He had received multiple formal reprimands and was placed on a “kind of probation,” according to the court’s ruling. Then, after using “racially disparaging language” at a meeting, he was fired.
The welder claimed in a lawsuit against his former employer and its parent company that he was actually fired because he had raised objections to numerous unsafe working conditions that had caused accidents involving other employees and “that were in violation of state and/or federal laws or that he reasonably and objectively believed were in said violation.” This included, according to the welder, violations of Occupational Safety and Health Administration (OSHA) regulations.
Court ruled that a belief that the employer was violating the law wasn’t enough
The defendants in his lawsuit argued, and a lower court agreed, that because the welder was unable to show that the company violated any laws, he did not have the protections granted under Florida’s Private Whistle Blower Act. He argued that he was still entitled to these protections since he reasonably believed that the safety hazards violated the law.
The Supreme Court ruled that the law did not state that it covered protections based on a “good faith, objectively reasonable” belief that an employer’s actions are a “violation of a law, rule, or regulation.” Other whistleblower-related laws do use words like “suspected” and “alleged,” whereas this one does not. Therefore, that should not be assumed for this law since it isn’t stated.
The Chief Justice noted in a separate opinion that this ruling applied only to this case and not necessarily to others. Nonetheless, it is likely one that will be referenced in future cases.
It’s important to remember that even with whistleblower protections, an employee can still potentially be fired for cause. However, anyone who seeks these protections is wise to get legal guidance before they report unsafe conditions or wrongdoing. This can help employees protect their rights and their jobs.