Florida/Georgia Personal Injury & Workers Compensation

...The statute defines "retaliatory personnel action" as "the discharge, suspension, or demotion by an employer of an employee or any other adverse employment action taken by an employer against an employee in the terms and conditions of employment." Fla. Stat. § 448.105(1) (1995)....

...§ 448.101 et seq., prohibits an employer from taking retaliatory personnel action against an employee because the employee has "[o]bjected to, or refused to participate in, any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation." However, Fla.Stat. § 448.105 provides: This act does not diminish the rights, privileges, or remedies of an employee or employer under any other law or rule or under any collective bargaining agreement or employment contract....

...In this case, the plaintiff's right exists independently of the collective bargaining agreement. To determine whether the plaintiff is entitled to relief under the statute, the Court must only determine whether he was terminated in retaliation for his refusal to disobey the law. Section 448.105 of the Florida Statute does provide that the statute does not diminish the rights of an employer or employee under any collective bargaining agreement....

...We agree with the holding of Delaurier. In addition, the language of the Florida Whistle-blower's Act expressly protects and preserves the rights of parties to an employment contract where those rights are not inconsistent with the Act itself. Pursuant to section 448.105, Existing Rights, the Act states: This act does not diminish the rights, privileges, or remedies of an employee or employer under any other law or rule or under any collective bargaining agreement or employment contract....

...Also, Plaintiffs rely on the Florida Supreme Court's characterization of whistleblower statutes as being "tortious in nature" as justifying the availability of punitive damages. Finally, Plaintiffs cite to the savings clause contained in Florida Statutes Section 448.105 [1] of the FWA and Florida Statutes Section 768.72 as creating a substantive right for a FWA plaintiff to recover punitive damages....

...Use of the word "compensatory" in Section 448.103(2)(e) clearly indicates that punitive damages and other forms of non-compensatory damages are unavailable to correct FWA violations. This Court rejects Plaintiff's argument that the savings clause in Florida Statutes Section 448.105 in tandem with Section 768.72 creates a right to punitive damages....

...damages claim and ensuing financial worth discovery until the trial court makes a determination that there is a reasonable evidentiary basis for recovery of punitive damages."). Second, this Court does not read the savings clause in Florida Statutes Section 448.105 to allow for additional remedies not provided for under Section 448.103(2)....

...islature's plain, unambiguous choice full force and effect. It is therefore ORDERED AND ADJUDGED that Plaintiff's Motion for Leave to Seek Punitive Damages Under the Florida Whistleblower Act and Memorandum in Support (Dkt.# 45) is DENIED. NOTES [1] Section 448.105 states that "[t]his act does not diminish the rights, privileges, or remedies of an employee or employer under any other law or rule or under any collective bargaining agreement or employment contract." Fla. Stat. § 448.105....

...30, 1998), in which Judge Lazzara granted the defendant's motion to dismiss a whistleblower claim under similar circumstances. "After carefully considering [the] motion, the Court is of the opinion that the Plaintiff may not pursue a cause of action in Count III under Florida's Whistleblower Act, sections 448.101-448.105, Florida Statutes (1995)." Id....

...Those remedies include injunctive relief, reinstatement of the employee to the former position, or to an equivalent position, reinstatement of full fringe benefits and seniority rights, compensation for lost wages and benefits, and any other compensatory damages allowable at law. See id. Section 448.105 conveys the legislature's intention not to diminish the rights, privileges, or remedies of any party under any other law or rule....