Protecting the Right to Report Workplace Wrongdoing
Some employees do not speak out about unfair workplace conditions or illegal company activities out of fear of reprisal. However, whistleblower statutes encourage employees to report wrongdoing by offering important protections against retribution.
Jason L. Gunter, P.A. is a well-respected employment and labor firm that serves Naples, Fort Myers and all of Southwest Florida. Naples whistleblower attorney Jason L. Gunter has nearly two decades of experience and Florida Bar Certification in Employment and Labor Law. As a specialist in the field, Jason knows how to accomplish justice in whistleblower cases.
Protections Afforded by Whistleblower Statutes
Victims of illegal conduct, such as discrimination, harassment, wage violations and unsafe working conditions have the right to take action. Whistleblower clauses forbid employers from retaliating against workers who file a grievance complaint or assist in an investigation. This means that an employer is not allowed to fire, demote, assign undesirable shifts or make other negative job-related decisions to get back at the worker who complained of violations of laws, rules, or regulations.
Employees are often in the best position to learn about wrongdoing in the workplace, including violations of financial, environmental, employment, public health or other regulations. For this reason, whistleblower protections apply to a long list of illegal activities that employees may report without the threat of retribution.
However, the whistleblower statutes do not grant a worker total immunity from adverse job decisions. An employer that has a valid reason, unrelated to the grievance, for firing a worker may do so. Yet, the employer’s reasons are likely to be more closely scrutinized by the courts if an adverse job decision followed the employee’s whistleblower complaint.
Remedies for Violating Whistleblower Statutes
Businesses that retaliate against whistleblowers are subject to penalties independent of the underlying unlawful activity. So, a business might face fines, monetary damages and injunctions associated with a sexual harassment violation and face additional penalties for the whistleblower violation. Depending upon the specific circumstances, our firm might pursue reinstatement of the employee to her or his former position, compensation for lost wages, monetary damages, fines or other appropriate remedies.
Our firm advises clients if they are eligible for a qui tam lawsuit. Qui tam provisions allow whistleblowers to receive a percentage of the funds the government recovers because of information provided by the whistleblower.
Advising Businesses on Whistleblower Obligations
Our firm counsels businesses about their obligations to whistleblowers, including when the statutes apply and the parameters involved. For example, a business cannot be not forced to retain a worker who is not adequately performing the job or treat the worker any differently than had the complaint not been filed.
Consult with a Naples Lawyer About Your Rights Under the Whistleblower Statutes
Gunterfirm protects the rights of Florida whistleblowers. If your employer retaliated against you for filing a grievance, reporting unlawful activities or assisting in an investigation, you may have a whistleblower claim. Call Jason L. Gunter, P.A. at 239.334.7017 or contact our employment and labor firm online to schedule your free claim evaluation.
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"I am a retired lawyer and an inactive CalBar member. I contacted Mr. Gunter, acting as a business consultant for a small business, regarding a lawsuit against that business within his specialty of employment and labor law. The issues were wrongful termination and Wage-Hour Law violations. I cannot recommend Mr. Gunter highly enough. The results were very favorable."