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Tereatha Robinson v. Department of Health, State of Florida-First District Court of Appeals
Florida’s Whistle-blower Act protects Florida workers by providing an avenue for filing a complaint with the state for wrongful and unlawful treatment by an employer, but failure to file a claim in time and follow through with its progress through the system can silence your whistle before it’s ever heard.
Recently, Ms. Robinson appealed an adverse summary judgement of her civil complaint under the Whistle-blower Act. The trial court ruled against her complaint because it found that she failed to exhaust available administrative remedies in a timely manner after her initial complaint was dismissed by the Florida Commission on Human Relations (FCHR). Ms. Robinson argued that because FCHR issued the dismissal after the time period in which they were required to act, she was in turn not required by law to appeal the dismissal.
However, the opportunity to appeal did still exist for Ms. Robinson even after the tardy response by FCHR. The Whistle-blower Act requires complainants to pursue every available administrative remedy regarding a complaint, so Ms. Robinson’s failure to exhaust her options resulted in the barring of her complaint.
The First District Court of Appeals upheld the decision of the lower court based on the law’s very clear requirement for complainants to exhaust all available administrative remedies.
Don’t let the fine points of law stop you from receiving just and timely compensation. Speak with St. Augustine’s most respected team of attorneys at Canan Law immediately when you suspect an employer may have committed unlawful wrongs against you.
Being a whistleblower can be a lonely and intimidating experience. An experienced attorney will sit down with you, determine your options and guide you through the legal process.
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