Whistleblower Act.

• Author: Cohen, Marcia S.
• Position: Letters - Letter to the editor

The author of "Distinguishing Chicken Little from Bona Fide Whistleblowers" (June) paints a misleading picture of the Florida Private Employee Whistleblower Act, F.S. [section] 448.102, and makes several incorrect statements, to wit:

* "Private employees must prove six elements to state a claim under the Florida Whistleblower's Act: That the employee 1) disclosed or threatened to disclose to an agency under oath and in writing; 2) an activity, policy, or practice of his or her employer; 3) that was in violation of law, rule, or regulation; 4) that the employer retaliated against him or her because of the disclosure or threat to disclose; and 5) he or she had given written notice to the employer of its activity, policy, or practice; 6) thereby giving the employer reasonable opportunity to correct the activity, policy, or practice."

* "A private employee's whistleblower notice must be under oath...."

* "The private act requires both [notice to an agency and an employee's supervisor]; the private employee must give the employer the chance to correct the activity prior to reporting it to a relevant agency."

The first statement quotes only [section] 448.102(1), but omits subsections (2) and (3) of the statute, which provide two other scenarios giving rise to a cause of action for employee whistleblowing. For whistleblower cases that fall under subsections (2) or (3), there is no requirement of a writing. The Golf Channel v. Jenkins, 752 So. 2d 561, 567 (Fla. 2000). The...