Court Decision Clarifies The Standard For An Employee To Show Whistleblower Retaliation


The Florida Whistleblower Act makes it illegal for an employer to retaliate against an employee for objecting to or refusing to participate in any illegal activity, policy, or practice of the employer. In meeting this standard, federal courts interpreting the Florida Whistleblower Act have been split as to whether a Plaintiff had to prove an actual violation of law by the employer, or whether the Plaintiff only had to show a reasonable belief that the employer was violating the law. Until recently, this remained an open question in Florida.

In the case of Aery v. Wallace Lincoln-Mercury, LLC, 38 Fla. L. Weekly D 1632 (July 31, 2013), Florida’s Fourth District Court of Appeal answered the question, creating binding precedent in Florida on the issue. In the Aery decision, the court established that in Florida “all that is required is that the ‘employee have a good faith, objectively reasonable belief that h[is or her] activity is protected by the statue.’”

Weldon & Rothman, PL provides representation to individuals in Southwest Florida who have their employment terminated or suffer other adverse employment action in violation of the Florida Whistleblower Act. If you have been fired, demoted, or suffered other adverse employment action after objecting to or refusing to participate in the illegal activity of your employer, please contact us immediately at (239) 262-2141 or e-mail us at for more information.

About Weldon & Rothman, PL

WELDON & ROTHMAN, PL is a Southwest Florida law firm focused on Personal Injury, Labor and Employment Law, Whistle-blower Claims, and Civil Litigation. The attorneys are experienced counselors at law and meet directly with their clients. Attorney Richard Weldon is AV Preeminent rated by Martindale-Hubbell. Attorney Bradley Rothman is Board Certified by The Florida Bar in the area of Labor & Employment Law and is AV Preeminent rated by Martindale-Hubbell.
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