![]() ![]() The employee then bears the ultimate burden of demonstrating that the employer’s proffered reason is mere pretext for unlawful conduct. If the employee satisfies these three elements of a prima facie case under the FPWA, the employer may rebut that case by proffering a legitimate, non-retaliatory reason for its actions. The employee must show that the person taking adverse action had knowledge of the protected activity and there must be some temporal proximity between the two events. Any action that adversely alters the terms and conditions of the employee’s employment, such as dismissal, discipline, demotion, denial of raises or bonuses, transfers, etc., qualifies as an adverse action.Īgain, much like other employment laws, the causation requirement is broadly construed, requiring only that the protected activity and the adverse action are not completely unrelated. The FPWA defines adverse action broadly, much like Title VII and other employment statutes. An act or suspected act of gross mismanagement, malfeasance, misfeasance, gross waste of public funds, suspected or actual Medicaid fraud or abuse, or gross neglect of duty committed by an employee, agent of an agency, or independent contractor.A violation or suspected violation of law committed by another employee, agent of an agency, or independent contractor, which creates and presents a substantial and specific danger to the public’s health, safety, or welfare.There are two types of disclosures protected under the FPWA: There is a causal connection between the two events.įla.Plaintiff suffered an adverse employment action and.Plaintiff engaged in a statutorily protected disclosure.Elements of the ClaimĪ prima facie claim of whistleblower retaliation consists of three elements, much like a retaliation claim under Title VII: ![]() ![]() The statute does not provide for suit against persons in their individual capacity. Dep’t of Health and Rehabilitative Servs., 790 So.2d 403, 406 (Fla. The FPWA is remedial and should be given liberal construction. Associated Press writer Michael Balsamo in Washington contributed to this story.In enacting the Florida Public Whistleblower’s Act (“FPWA”), the legislature intended to prevent retaliatory actions against employees and persons who make certain disclosures to an appropriate agency. “You can’t make this stuff up,” Crouse said.īy MICHAEL RUBINKAM, Associated Press. May, it turned out, had completed a class on mediation while in prison. The man who was pictured with May in the photo declined comment Friday when reached by The Associated Press.Ī LinkedIn page associated with May said that “Jacob Turner” - his alias - was a “certified mediator” in Palm Beach. “So how he was living high on the hog, we’re not 100% sure yet.”Ī message was left for the suicide hotline group seeking information about May’s attendance at the fundraiser. “This guy is very, very good at fooling people,” Crouse said. They are looking into the source of his apparent riches, and whether he victimized anyone else while on the run. With May finally back in custody, investigators have turned their attention to whether he had help. Marshal Kirk Taylor said in a written statement. “I’d like to recognize and thank the anonymous tipster for the information they provided that directly led to the arrest of this unorthodox fugitive,” District of Colorado U.S. ![]()
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