Gessner v. Southern Company & Gulf Power Company
The First DCA held that a plaintiff suing under the private-sector Florida Whistleblower's Act, section 448.102(3), must prove that he objected to or refused to participate in an activity, policy, or practice that constituted an actual violation of a law, rule, or regulation ot merason. A good-faith, objectively reasonable belief that a violation occurred is insufficient. The court affirmed summary judgment for the employer, aligned with the Second District's Kearns decision, and certified conflict with the Fourth District's Aery decision.
Key facts
- Gessner, an employee of Southern Company & Gulf Power Company, objected to and refused to participate in certain workplace activities and practices that he believed violated safety laws and regulations.
- Gessner sued under the private-sector Florida Whistleblower's Act (section 448.102(3)), claiming his objections were protected activity, but the employer moved for summary judgment arguing no actual violation of law occurred.
- +2 more key facts with a free trial
Why it matters
This is a major development in Florida employment litigation: the First DCA now joins the Second DCA in requiring proof of an actual statutory violation to establish protected activity under the private-sector FWA, and… — full analysis with a trial
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