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Law doesn’t cover blowing whistle on co-workers

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in Employment Law,Human Resources,Leaders & Managers,Performance Reviews

Florida employees are protected from retaliation for whistle-blowing, but courts have been limiting what they consider to be blowing the whistle. For example, in one recent case, a court concluded that a co-worker’s attempts to report a fellow pharmacy worker’s lax prescription practices was not whistle-blowing.

Recent case: Gabe McIntyre complained up the company chain of command that a fellow pharmacist was filling prescriptions from customers he believed were “drug seekers.”

The company did nothing about the alleged problem, but McIntyre was transferred and eventually fired for poor performance. He sued, alleging he had been retaliated against.

The court tossed out his whistle-blower case. It said a co-worker’s possible illegal activity could not be the basis for a whistle-blowing case against their common employer. (McIntyre v. Delhaize America, No. 8:07-CV-2370, MD FL, 2009)

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