Miami Whistleblower and Retaliation Lawyer
Reporting illegal activity at work takes courage, and Florida law protects you when you do. If your employer has fired you, demoted you, or taken any other adverse action after you reported a violation of law, rule, or regulation, you may have a claim under Florida Private Sector Whistleblower Act, Fla. Stat. Section 448.102, and in some cases under the anti-retaliation provision of the federal False Claims Act, 31 U.S.C. § 3730(h).
At BT Law Group, Miami whistleblower lawyers Jason D. Berkowitz and Anisley Tarragona represent employees who have been retaliated against for reporting violations of federal regulations implemented by the Centers for Medicare & Medicaid Services (CMS), safety violations, discrimination, and other illegal conduct. The Securities and Exchange Commission (SEC) has awarded more than $2.2 billion to 444 individual whistleblowers since 2011. The U.S. Department of Justice also reported more than $2.9 billion in False Claims Act settlements and judgments in fiscal year 2024.
This guide explains what Florida’s whistleblower laws protect, the types of retaliation you can challenge, the damages you may recover, and the steps you should take to preserve your rights. Call BT Law Group at (305) 507-8506 for a confidential case evaluation.
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What Does Florida's Whistleblower Act Protect?
Florida has two separate whistleblower statutes. Public employees are generally covered by Florida’s Public-sector Whistle-blower’s Act, sections 112.3187 through 112.31895, while private-sector employees are covered by sections 448.101 through 448.105. The two schemes use different protected-activity standards, procedures, and deadlines.
Under Section 448.102, a private employer cannot take retaliatory 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 of the employer, or objected to or refused to participate in illegal conduct. The statute defines “retaliatory personnel action” as discharge, suspension, demotion, or any other adverse employment action affecting the terms and conditions of employment.
One requirement that catches many employees off guard involves the written notice rule. Under section 448.102(1), a private employee who plans to disclose an employer’s violation to an appropriate governmental agency must first bring the issue, in writing, to a supervisor or the employer and give the employer a reasonable opportunity to correct it. The disclosure to the governmental agency must be under oath and in writing.
Failing to provide this written notice can prevent you from recovering damages. However, this requirement may not apply if you provided testimony during an investigation or refused to participate in illegal conduct under subsections (2) and (3) of the statute.
The most common cases our BT Law whistleblower lawyers handle involve subsection (3) of the statute, which requires the employee to object to, or refuse to participate in, any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation. This section does not require written notice to the employer.
Key Takeaway: Florida’s Private Sector Whistleblower Act (Section 448.102) protects employees who report, testify about, or refuse to participate in illegal employer activity. Private sector employees who plan to disclose violations to a government agency must first provide their employer with written notice and a reasonable opportunity to correct the problem.
Jason D. Berkowitz of BT Law Group can evaluate whether your situation falls under the disclosure, testimony, or refusal provisions of the Act and help you meet the procedural requirements before filing. Call (305) 507-8506 to discuss your case.
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I was very pleased with my experience with BT Law group. Both Jason and Anisley were professional and answered all my questions. They believed in me and my case and for that I am forever grateful. Jason fought for me and justice was served. I recommend…
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I recently found myself in the midst of an employment and labor dispute crisis, desperately seeking legal assistance to navigate the complexities of the situation. After screening multiple firms, I was fortunate to discover BT Law Group…
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What Types of Illegal Activity Can You Report?
Florida’s private-sector whistleblower law covers disclosures, testimony, and refusals related to conduct that violates a law, rule, or regulation, but the exact standard can depend on the subsection invoked and current case law. This covers a broad range of illegal conduct across industries that are central to Miami’s economy, including healthcare, finance, international trade, and construction.
Healthcare and Government Fraud
Miami is one of the nation’s largest healthcare markets, and fraud involving Medicare, Medicaid, and other government programs is a persistent problem. Employees who report billing fraud, kickback schemes, upcoding, or overbilling of government healthcare programs are protected under both the Florida Whistleblower Act and the Florida False Claims Act (Sections 68.081 through 68.092). The federal False Claims Act (31 U.S.C. Sections 3729 through 3733) also allows private individuals to file qui tam lawsuits on behalf of the government and share in any recovery.
Securities, Financial, and Tax Fraud
Employees who report securities violations, insider trading, market manipulation, or accounting fraud to the SEC may qualify for whistleblower awards of 10% to 30% of monetary sanctions exceeding $1 million under the Dodd-Frank Act. The Commodity Futures Trading Commission (CFTC) operates a similar program for commodities fraud. Employees who report tax evasion may qualify for awards through the Internal Revenue Service (IRS) Whistleblower Office.
In addition, employees who report violations of Section 10b of the Securities and Exchange Act of 1954 in terms of misrepresentations to investors and suffer an adverse employment action may recover damages under Florida’s Private Section Whistleblower Act.
Workplace Safety, Discrimination, and Other Violations
You are also protected when you report violations of the Occupational Safety and Health Act (OSHA), environmental regulations, wage and hour laws, or discrimination under Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), or the Family and Medical Leave Act (FMLA). Each of these federal statutes contains its own anti-retaliation provisions.
Key Takeaway: Whistleblower protections in Florida cover reports of nearly any violation of law, from Medicare fraud and securities violations to workplace safety hazards and employment discrimination. Both federal and state laws provide separate but overlapping protections depending on the type of illegal activity you report.
Anisley Tarragona of BT Law Group handles whistleblower retaliation cases across Miami involving healthcare fraud, financial misconduct, and workplace safety violations. Call (305) 507-8506 for a confidential evaluation.
What Counts as Retaliation Under Florida Law?
Retaliation goes beyond termination. Under Florida Statutes Section 448.101(6), “retaliatory personnel action” includes discharge, suspension, demotion, and any other adverse employment action taken against an employee in the terms and conditions of employment. Courts have recognized a wide range of employer conduct as retaliatory, including actions that may appear minor on the surface but are designed to punish or discourage an employee from reporting.
Common forms of whistleblower retaliation include:
- Termination or constructive discharge (forcing you to quit)
- Demotion to a lower position or removal of responsibilities
- Reduction in pay, hours, or benefits
- Transfer to a less desirable location or shift
- Negative performance evaluations without a documented cause
- Exclusion from meetings, projects, or promotion opportunities
- Harassment, intimidation, or creation of a hostile work environment
- Blacklisting or providing negative references to future employers
The timing between your protected activity and the adverse action is often critical evidence. Timing can be important circumstantial evidence, but there is no fixed cutoff. Courts look at timing together with the employer’s knowledge and the rest of the evidence. Generally, courts look for a temporal proximity of no more than three months between the time of the protected activity and the adverse employment action.
Key Takeaway: Retaliation is not limited to being fired. Any adverse change to your pay, position, schedule, responsibilities, or working conditions that occurs after you report illegal activity may constitute unlawful retaliation. Document every change carefully and note dates and witnesses.
If you have experienced any negative changes at work after reporting illegal conduct, contact Jason D. Berkowitz or Anisley Tarragona at BT Law Group. Call (305) 507-8506 to review your situation.
How Do You Prove a Whistleblower Retaliation Claim in Florida?
To establish a retaliation claim under the Florida Whistleblower Act, you must prove three elements.
- First, that you engaged in a protected activity, such as reporting a violation of law, providing testimony, or refusing to participate in illegal conduct.
- Second, your employer took an adverse employment action against you.
- Third, there is a causal connection between your protected activity and the adverse action.
When a retaliation claim relies on circumstantial evidence, courts often apply the McDonnell Douglas burden-shifting framework. Once you establish a prima facie case, the burden shifts to your employer to offer a legitimate, non-retaliatory reason for the adverse action. The burden then shifts back to you to show that the employer’s stated reason is a pretext for retaliation.
Evidence that can help establish your claim includes written complaints or reports you made about the illegal activity, emails or messages showing your employer’s awareness of your report, the timeline between your report and the adverse action, inconsistencies in your employer’s stated reasons for the action, and testimony from coworkers or supervisors who witnessed the retaliation.
| Element | What You Must Show | Common Evidence |
|---|---|---|
| Protected Activity | You reported, testified about, or refused to participate in illegal conduct | Written complaints, emails, internal reports, agency filings |
| Adverse Employment Action | Your employer took a negative action affecting your employment | Termination letter, demotion notice, pay records, schedule changes |
| Causal Connection | The adverse action was caused by your protected activity | Timeline proximity, inconsistent employer explanations, witness statements |
Key Takeaway: Proving a whistleblower retaliation claim requires three elements: protected activity, adverse action, and a causal link between them. Start documenting everything from the moment you first consider making a report, including dates, communications, and witnesses.
BT Law Group can help you gather and organize the evidence you need to support your claim. Call us at (305) 507-8506 to schedule a case evaluation.
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Whistleblower Attorneys in Miami - BT Law Group, PLLC
Jason D. Berkowitz, Esq.
Jason D. Berkowitz is a founding partner of BT Law Group, PLLC. Before launching BT Law Group, he was a partner at the Miami office of a national labor and employment firm where he represented Fortune 100 companies in employment disputes. He earned his J.D., cum laude, from the University of Miami School of Law in 2008 and his B.A. from Tufts University in 2003.
He is admitted to practice in Florida, the U.S. District Courts for the Southern, Middle, and Northern Districts of Florida, and the U.S. Court of Appeals for the Eleventh Circuit. He litigates disputes involving the Fair Labor Standards Act (FLSA), the FMLA, the ADA, Title VII, the Florida Civil Rights Act, and the Florida Whistleblower Act in federal and state courts and before administrative agencies and arbitration tribunals, including the American Arbitration Association.
Anisley Tarragona, Esq.
Anisley Tarragona is a founding partner of BT Law Group, PLLC. Before starting BT Law Group, she practiced in the Miami office of a national labor and employment law firm where she represented management in employment disputes. That background gives her direct insight into how employers and their attorneys evaluate and value workplace claims. She earned her J.D. from the University of Miami School of Law in 2007 and her B.S.B.A. from the University of Central Florida in 2004.
She is admitted to practice in Florida, the U.S. District Courts for the Southern, Middle, and Northern Districts of Florida, and the U.S. Court of Appeals for the Eleventh Circuit. Born and raised in Cuba, she is fluent in Spanish and frequently advises Spanish-speaking clients on whistleblower retaliation, discrimination, harassment, wrongful termination, and wage disputes.
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What Damages Can You Recover in a Whistleblower Case?
If your whistleblower retaliation claim is successful, Florida law and federal statutes provide several categories of recoverable damages. The specific damages available depend on which law applies to your case.
Under the Florida Private Sector Whistleblower Act (Section 448.103), you may recover reinstatement to your former position, back pay with interest, compensation for lost benefits, reasonable attorney’s fees and costs, and compensatory damages allowable by the law.
Federal remedies vary by statute. For example, Sarbanes-Oxley provides reinstatement, back pay with interest, and special damages, while Dodd-Frank and the False Claims Act can provide double back pay in appropriate cases. The federal False Claims Act also provides for reinstatement, double back pay, and attorney’s fees for employees who are retaliated against for filing or assisting with a qui tam action.
In qui tam cases specifically, the financial recovery can be substantial. The relator’s share of the government’s recovery depends on the case but typically ranges from 15% to 30% of the total amount collected.
Statute of Limitations
Timing matters. Under Florida’s Private Sector Whistleblower Act, you must file a retaliation lawsuit within two years of discovering the retaliatory act or four years of the act itself, whichever comes first. Public-sector procedures differ depending on whether the employee works for a state or local entity. State-agency complaints go through section 112.31895, while local public employees follow a different path under section 112.3187(8)(b).
Key Takeaway: Whistleblower retaliation damages in Florida can include reinstatement, back pay, lost benefits, attorney’s fees, and compensatory damages. In qui tam cases, you may also receive 15% to 30% of the government’s total recovery. Strict filing deadlines apply, so contact an attorney promptly.
Anisley Tarragona of BT Law Group can calculate the full value of your potential claim and help you file within the applicable deadline. Contact BT Law Group at (305) 507-8506.
What Steps Should You Take Before Blowing the Whistle?
Taking the right steps before and during the whistleblowing process can significantly affect the outcome of your case. If you are considering reporting your employer’s illegal activity, or if you have already reported and are experiencing retaliation, the following steps can help protect your rights.
- Consult an attorney. An attorney can advise you on which agency to report to, whether written notice to your employer is required, and how to preserve your eligibility for whistleblower protections and potential financial awards.
- Provide written notice to your employer when required. Under Section 448.102(1), private sector employees must give their employer written notice of the illegal activity and a reasonable opportunity to correct it before disclosing to a government agency. However, Section 448.102(3) does not contain this requirement.
- File your report with the correct agency. Depending on the type of violation, you may need to report to the Occupational Safety and Health Administration (OSHA), the SEC, the Florida Attorney General’s Office, or another federal or state agency.
- Do not destroy, alter, or improperly remove company documents. While you should preserve evidence of illegal activity, taking company property or accessing files you are not authorized to view can undermine your case and expose you to liability.
Key Takeaway: Consult a whistleblower attorney before reporting illegal activity. An attorney can help you follow the correct procedures, meet notice requirements, document your evidence, and preserve your right to financial awards and retaliation protections.
Jason D. Berkowitz and Anisley Tarragona of BT Law Group advise Miami employees at every stage of the whistleblower process. Call (305) 507-8506 before making your report.
What Federal Laws Protect Whistleblowers?
In addition to Florida’s state statutes, several federal laws provide whistleblower protections that may apply to your situation. Many of these laws contain their own anti-retaliation provisions, filing procedures, and deadlines.
| Federal Law | What It Covers | Financial Awards Available? |
|---|---|---|
| False Claims Act (31 U.S.C. 3729-3733) | Fraud against the federal government | Yes, 15%-30% of recovery |
| Dodd-Frank Act / SEC Whistleblower Program | Securities law violations | Yes, 10%-30% of sanctions over $1M |
| Sarbanes-Oxley Act | Corporate fraud, securities fraud at public companies | No direct award; retaliation remedies available |
| OSHA Whistleblower Protections | Workplace safety and health violations | No direct award; retaliation remedies available |
| IRS Whistleblower Program | Tax fraud and underpayment exceeding $2M | Yes, 15%-30% of collected proceeds |
| CFTC Whistleblower Program | Commodities and futures fraud | Yes, 10%-30% of sanctions over $1M |
Miami’s role as an international financial center and its proximity to offshore tax havens make SEC, CFTC, and IRS whistleblower cases particularly relevant in this market. Employees working in banking, finance, investment, insurance, and international trade in Miami may be in a position to report violations that qualify for substantial financial awards under these federal programs.
Key Takeaway: Multiple federal whistleblower programs offer financial awards and retaliation protections beyond what Florida state law provides. Depending on the type of illegal activity involved, you may qualify for awards of 10% to 30% of the government’s total recovery through the SEC, CFTC, IRS, or False Claims Act programs.
BT Law Group represents Miami employees under both state and federal whistleblower statutes. Call (305) 507-8506 for a consultation and to learn how the laws apply to your case.
Get Experienced Legal Guidance from a Miami Whistleblower Lawyer
Deciding to report your employer’s illegal activity can be one of the most consequential decisions you can make in your career. The law protects you from retaliation, but only if you follow the correct procedures and act within the applicable deadlines. Missing a filing window or reporting to the wrong agency can weaken or eliminate your protections entirely.
Jason D. Berkowitz and Anisley Tarragona of BT Law Group have represented employees in whistleblower retaliation cases throughout Miami and South Florida. Our attorneys previously represented management at a national labor and employment law firm and understand how employers and their attorneys evaluate and defend whistleblower claims. BT Law Group handles cases before the U.S. District Court for the Southern and Middle Districts of Florida, state courts, administrative agencies, and arbitration tribunals.
If you have reported illegal activity and are facing retaliation, or if you are considering blowing the whistle and want to understand your rights before you act, call BT Law Group at (305) 507-8506. Our office is located at 3050 Biscayne Blvd, Suite 205, Miami, FL 33137. BT Law Group also maintains a by-appointment office at 700 S Rosemary Ave, Suite 204, West Palm Beach, FL 33401.
Frequently Asked Questions for a Miami Retaliation and Whistleblower Lawyer
Are whistleblowers protected from retaliation in Florida?
Yes. Florida’s private-sector whistleblower law, sections 448.101 through 448.105, prohibits retaliatory personnel action against employees who engage in conduct protected by section 448.102. Public employees receive separate protections under Section 112.3187. Both statutes make it illegal for employers to fire, demote, suspend, or take any other adverse action against a whistleblower.
What is the difference between a whistleblower claim and a qui tam lawsuit?
A whistleblower retaliation claim is filed by an employee who has been punished for reporting illegal activity. The goal is to recover damages for the retaliation itself, such as lost wages and reinstatement. A qui tam lawsuit, by contrast, is filed on behalf of the government against a person or company that has defrauded the government. The relator who files a qui tam action may receive a share of the government’s recovery, typically 15% to 30%.
How long do I have to file a whistleblower claim in Florida?
Under Florida’s Private Sector Whistleblower Act, you must file a lawsuit within two years of discovering the retaliatory act or four years of the act itself, whichever arrives first. Public employees must file a written complaint within 60 days of the retaliatory action. For those whose employers do not have an established administrative procedure, they have 180 days to file a civil action. Federal whistleblower statutes have their own deadlines, which can be as short as 30 days. Missing these deadlines may permanently bar your claim.
Do I need to notify my employer before reporting to a government agency?
Under Section 448.102(1), private sector employees who plan to disclose their employer’s illegal activity to a government agency must first provide written notice to a supervisor or the employer and allow a reasonable opportunity to correct the problem. However, this requirement does not apply to employees who provide testimony during an investigation (subsection 2) or who object to or refuse to participate in illegal activity (subsection 3).
Can I file a whistleblower claim anonymously in Florida?
Florida law generally requires you to identify yourself to receive retaliation protections, because the statute protects disclosures made “under oath, in writing.” You may submit anonymous tips to initiate an investigation, but you typically need to identify yourself if you later seek legal protection from retaliation or pursue a financial award. An attorney can help you evaluate how to protect your identity while preserving your legal rights.
What kind of financial awards are available to whistleblowers?
Depending on the type of case, whistleblowers may receive a share of the government’s recovery. Under the federal False Claims Act, relators may receive 15% to 30% of the total amount collected. The SEC Whistleblower Program awards 10% to 30% of sanctions exceeding $1 million. The IRS and CFTC operate similar programs. In retaliation cases, you may also recover back pay, front pay, lost benefits, attorney’s fees, and compensatory damages.
What should I do if I am being retaliated against right now?
Document every adverse action immediately, including dates, communications, and witnesses. Do not resign unless you have spoken with an attorney. Contact a whistleblower lawyer as soon as possible, because some filing deadlines are as short as 30 to 60 days. Jason D. Berkowitz and Anisley Tarragona of BT Law Group can evaluate your case and help you take protective action. Call (305) 507-8506.