WHISTLE BLOWERS HAVE RIGHTS

WHISTLE BLOWERS HAVE RIGHTS

Honesty should be the best policy. But at too many workplaces, bosses retaliate against workers who object when employers break laws or ask workers to participate in illegal acts. Although Florida's Whistle-Blower law should stop employers from lashing out against employees who object to wrongdoing or report it, many workers claim that their efforts to force ethical employer behavior have led to demotions, firings and other types of punishment.

Drew Rosen, a one-time manager at a Miami-Dade County building supply company, thought he was doing the right thing by informing upper management that he believed co-workers were intentionally deceiving customers about the firm's products. Instead of being commended, the five year employee was transferred to what he says was a less desirable position in Arizona. Rosen says KCG, Inc. also cheated him out of valuable stock options. Despite KCG, Inc.'s claims that Rosen failed to properly exercise his stock options and that the transfer was routine, a judge ordered the company to pay him 5,000.

After being fired from the Central Florida Lions Eye & Tissue Bank, Marlene Maisonville provided powerful testimony when describing that she was axed for complaining of falsified records and repeated misuse of equipment which led to unhealthy tissue transplants. Maisonville also complained of sexual harassment. Jurors awarded her 2,380 for lost wages and emotional pain and suffering.

Florida's Whistle Blower Act provides recourse to workers who believe their bosses punished them for encouraging adherence to local ordinances, regulations and state and federal laws. The law provides private sector workers with protections in three types of circumstances:

Objecting to or refusing to participate in an illegal act; Assisting a governmental agency in an ongoing investigation into an employer's illegal acts; and, Threatening to disclose or actually informing governmental agencies of illegal acts after first providing written notice that such disclosures will be made unless the illegal activity stops. Florida's Supreme Court made the Whistle Blower Act even more employee-friendly. Some trial judges had been dismissing Whistle Blower lawsuits where workers objected verbally but not in writing to illegal acts committed by the entities employing them or when refusing to participate in the wrongful conduct. Supreme Court Justices have notified trial judges that the requirement that workers first provide written warnings to employers be applied only where employees reported misconduct to governmental agencies or threatened to do so. Workers are not required to first provide employers with written notice that they oppose illegal actions taking place on the job.

Although such documentation is not always required, workers are better able to document that they did oppose illegal conduct by lodging these complaints in writing. Letters sent via certified, return receipt mail (with a photocopy of the letter kept) and those faxed (with proof of fax transmission kept) enable workers to later verify that they notified employers of their opposition to illegal acts.

Employees who wage successful Whistle Blower lawsuits are entitled to compensation for their economic damages, which may include back wages and reduced future earnings. Additional monies may be awarded for emotional pain and suffering. Also, the Whistle Blower Act may require that the losing party pay the winner's attorneys fees and certain litigation expenses. Certain Whistle Blower claims permit employees to recover an amount equal to double their economic damages unless their employers are able to prove acts committed against the worker occurred in good faith. Retaliatory employment actions less severe than firings are also made illegal. Demotions, wage reductions, suspensions, reductions in benefits, bad faith decisions concerning transfers and denials of raises and promotions are also illegal forms of Whistle Blower punishment.

When retribution takes the form of bad-mouthing, Whistle Blower victims often may sue for defamation of character. Florida's defamation law specifically permits awards for punitive damages. Persons who complain of discrimination targeting themselves or others are also susceptible to punishment. Retaliation provisions in state and federal anti-discrimination laws also permits the awarding of punitive damages for these types of Whistle Blower claims.

Government workers also benefit from special Whistle Blower laws. Frederick Bothe, a former supervisor at a Delray Beach water treatment plant, filed a lawsuit alleging he was fired for reporting that chemicals were pumped into wells containing drinking water. Palm Beach County officials concluded Delray Beach was illegally discharging water from its facility. Delray Beach settled the case with a pre-trial payment of ,500.

LORING N. SPOLTER is a Fort Lauderdale attorney who practices in the field of employment law. His law office phone number is (954) 728-3494. Information contained in this article was accurate as of May, 2001. This article is for general information use only and does not substitute for specifically tailored legal advice. For purposes of objectivity, Mr. Spolter articles include information only on cases litigated by lawyers other than himself.