Miami Whistleblower Attorney Jason D. Berkowitz Explains Florida Retaliation Protections Under State and Federal Law

MIAMI, FL - Employees who report illegal conduct at work are protected from retaliation under Florida's Private Sector Whistleblower Act, Section 448.102, and in many cases under federal statutes, including the False Claims Act and the Dodd-Frank Act. Miami whistleblower attorney Jason D. Berkowitz of BT Law Group, PLLC (https://btattorneys.com/miami-whistleblower-lawyer/) outlines what these laws protect, the procedural requirements employees must follow, and the types of damages and financial awards that may be available to a successful whistleblower.

According to Miami whistleblower attorney Jason D. Berkowitz, Florida operates two separate whistleblower frameworks. Public employees are covered by Florida's Public-Sector Whistleblowers' Act under sections 112.3187 through 112.31895, while private-sector employees are covered by sections 448.101 through 448.105. Under Section 448.102, a private employer cannot take retaliatory personnel action against an employee who has disclosed or threatened to disclose an employer's illegal activity to a government agency, provided information during an investigation, or objected to or refused to participate in illegal conduct.

Miami whistleblower attorney Jason D. Berkowitz emphasizes that one procedural requirement catches many employees off guard. Under Section 448.102(1), a private employee planning to disclose an employer's violation to a government agency must first bring the issue to a supervisor or the employer in writing and provide a reasonable opportunity to correct the problem. "Failing to provide that written notice can prevent recovery of damages," Berkowitz advises. "However, the requirement does not apply to employees who provide testimony during an investigation under subsection (2) or who refuse to participate in illegal conduct under subsection (3)."

The firm points out that Miami's role as a healthcare and international financial center makes whistleblower protections particularly relevant in this market. Reports of Medicare or Medicaid fraud, securities violations through the Securities and Exchange Commission (SEC), commodities fraud through the Commodity Futures Trading Commission (CFTC), tax evasion through the Internal Revenue Service (IRS), workplace safety hazards under the Occupational Safety and Health Act, and discrimination under Title VII or the Americans with Disabilities Act may all be covered. Each statute carries its own anti-retaliation provisions and procedural requirements.

Anisley Tarragona of BT Law Group adds that the scope of the Florida statute is broad. "Section 448.102(3) protects employees who object to or refuse to participate in any activity, policy, or practice of the employer that violates a law, rule, or regulation," Tarragona explains. "That subsection does not require written notice to the employer, which makes it the most common pathway for the cases we handle."

Under Section 448.101(6), retaliatory personnel action includes discharge, suspension, demotion, and any other adverse employment action affecting the terms and conditions of employment. Courts often look at the timing between the protected activity and the adverse action, generally examining temporal proximity of no more than three months as circumstantial evidence, alongside the employer's knowledge of the report and the rest of the record.

To establish a retaliation claim, an employee must prove three elements: engagement in a protected activity, an adverse employment action by the employer, and a causal connection between the two. When the case relies on circumstantial evidence, courts often apply the McDonnell Douglas burden-shifting framework. The employer must offer a legitimate, non-retaliatory reason for the adverse action, and the employee must then show that the stated reason is pretextual. "Inconsistencies in the employer's explanation often carry significant weight," Berkowitz observes. "Positive performance reviews followed by sudden discipline, or shifting reasons given for a termination, can all support a finding of pretext."

Recovery available under Section 448.103 includes reinstatement, back pay with interest, compensation for lost benefits, reasonable attorney's fees and costs, and compensatory damages allowable by law. Federal remedies vary by statute. The federal False Claims Act provides reinstatement, double back pay, and attorney's fees in qui tam retaliation cases, with relator's shares typically ranging from 15 to 30 percent of the government's recovery. The SEC Whistleblower Program awards 10 to 30 percent of monetary sanctions exceeding $1 million, and the IRS and CFTC operate similar programs.

The firm also highlights the strict statute of limitations under Florida's Private Sector Whistleblower Act. A lawsuit must be filed within two years of discovering the retaliatory act or four years of the act itself, whichever arrives first. Federal whistleblower statutes have separate deadlines that can be as short as 30 days.

For employees considering a report or already facing retaliation, attorney Berkowitz recommends consulting counsel before disclosure, documenting every adverse action with dates and witnesses, and preserving relevant evidence without taking unauthorized company property. Early advice may help meet notice requirements and preserve eligibility for both retaliation protections and potential financial awards.

About BT Law Group, PLLC:

BT Law Group, PLLC is a Miami-based law firm focused on employment law matters throughout South Florida. Led by founding partners Jason D. Berkowitz and Anisley Tarragona, the firm represents employees in whistleblower retaliation, discrimination, wage and hour, and wrongful termination cases. The office is located at 3050 Biscayne Boulevard, Suite 205, Miami, FL 33137, with an additional by-appointment office in West Palm Beach. For consultations, call (305) 507-8506.

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