92.57
Termination of employment of witness prohibited.
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92.57 Termination of employment of witness prohibited.—A person who testifies in a judicial proceeding in response to a subpoena may not be dismissed from employment because of the nature of the person’s testimony or because of absences from employment resulting from compliance with the subpoena. In any civil action arising out of a violation of this section, the court may award attorney’s fees and punitive damages to the person unlawfully dismissed, in addition to actual damages suffered by such person.
History.—s. 1, ch. 90-185.
Notes of Decisions
Cited in 6
cases (2 in the last 5 years), 1992–2025 · leading case: Ashworth v. Glades Cnty. Bd. of Cnty. Commissioners
Ashworth v. Glades Cnty. Bd. of Cnty. Commissioners (2019)
“2), Plaintiff also brings a claim in Count II for "Unlawful Retaliation in Violation of Section 92.57, Florida Statutes." (Doc. 2 at 7).”
Wiggins v. Southern Management Corp. (1993)
“Appellant further alleged that the termination occurred because appellant provided testimony adverse to Southern in an unemployment compensation hearing involving appellant's sister and that such termination violated section 92.57, Florida Statutes (1991). Southern filed a…”
MacLean v. City of St. Petersburg (2002)
“Fla. Stat. § 92.57 . Based on the foregoing discussion that Plaintiff voluntarily re *1304 signed and was not constructively discharged, the Court finds that Plaintiff was not dismissed as a result of her testimony.”
Bidon v. DEPT. OF PRO. REGULATION, FLA. REAL ESTATE COMM. (1992)
“(1991) ("individual shall be entitled to collect not only compensatory damages, but, in addition thereto, punitive damages and reasonable attorney fees for violation of this act"); § 92.57, Fla. Stat. (1991) ("court may award attorney's fees and punitive damages .”
ALEX NUNES v. VALERIE HERSCHMAN, etc. (2021)
“The employee filed a complaint alleging, in part, a cause of action under section 92.57, Florida Statutes (2017), which states that “[a] person who testifies in a judicial proceeding in response to a subpoena may not be dismissed from employment because of the nature of the…”
Brenda Cornelius v. Arnetta Haywood, Individually (2025)
“4th DCA 6 2021) (holding that depositions were not “judicial proceedings” for the purposes of section 92.57 where the statute did not expressly state that it applied to depositions, reasoning that “if the legislature wanted to add depositions to the text of the statute, it would…”
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