Whistleblowers play a vital role in protecting the public, the workplace, and the integrity of government programs. Employees who report fraud, safety violations, environmental crimes, and other illegal conduct by their employers perform a genuine public service — and Florida and federal law provide significant protections and, in certain cases, substantial financial rewards for doing so.
Despite those protections, many employees who witness wrongdoing stay silent out of fear — fear of losing their job, fear of retaliation, or simply not knowing that the law is on their side. If you are aware of illegal conduct by your employer and are considering whether to report it, understanding your legal rights before taking action is essential.
Darrin M. Phillips is one of a small number of Florida Bar Board Certified specialists in Labor and Employment Law in Southwest Florida — and one of the few attorneys in this region whom the Florida Bar authorizes to identify himself as an expert in this field. He has been representing whistleblowers and advising employees on their rights throughout Southwest Florida for 30 years. Call Phillips Law Firm for a free and completely confidential consultation before you take any action.
Whistleblower Protections Under Florida Law
Florida’s Private Sector Whistleblower Act (Florida Statutes Section 448.102) protects private sector employees who object to or refuse to participate in an employer’s illegal activity, policy, or practice — or who disclose or threaten to disclose such activity to a supervisor or government agency. To be protected, the employee must have a reasonable belief that a violation of law, rule, or regulation has occurred or is occurring.
Protected disclosures include reporting violations to:
- A supervisor or manager
- A government agency or law enforcement
- Any other appropriate authority
Employers who retaliate against a protected whistleblower — through termination, demotion, suspension, or any other adverse action — are liable for damages including lost wages, compensatory damages, and attorney’s fees.
Florida’s Public Sector Whistleblower Act (Florida Statutes Section 112.3187) protects state and local government employees who report violations of law, gross mismanagement, gross waste of public funds, or substantial and specific danger to public health or safety.
Federal Whistleblower Protections
Occupational Safety and Health (OSHA) employees who report workplace safety violations or refuse dangerous work are protected from retaliation under federal law.
Securities and Financial Fraud laws such as the Dodd-Frank Act and Sarbanes-Oxley Act protect employees who report financial misconduct. The SEC whistleblower program may provide awards of 10% to 30% of recovered sanctions exceeding $1 million.
Environmental Violations laws including the Clean Air Act and Clean Water Act protect employees reporting environmental crimes.
Qui Tam Claims Under the False Claims Act
The False Claims Act allows private citizens to file lawsuits on behalf of the U.S. government for fraud. These cases are filed under seal and may result in a financial award of 15% to 30% of any government recovery.
Common fraud includes:
- Medicare and Medicaid fraud
- Defense contractor fraud
- Government grant and loan fraud
- Procurement fraud
Qui tam whistleblowers are also protected from retaliation under federal law.
Retaliation Against Whistleblowers
Retaliation is illegal under all major whistleblower statutes. Remedies may include reinstatement, back pay, compensatory damages, and attorney’s fees.
- Back pay and lost benefits
- Reinstatement
- Compensatory damages
- Attorney’s fees and costs
- Qui tam recovery (15%–30%)
- SEC whistleblower awards (10%–30%)
Contact Us Today — Confidentially
If you are aware of fraud, safety violations, or other illegal conduct by your employer, contact Phillips Law Firm before taking action. The conversation is completely confidential.
Call today: (239) 262-4180
Or reach us via our Contact Page
Phillips Law Firm represents whistleblowers throughout Southwest Florida, including Naples, Marco Island, Bonita Springs, Estero, Fort Myers, Cape Coral, Immokalee, and surrounding communities across Collier, Lee, Charlotte, Hendry, and Glades counties.