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 . 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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