Gessner v. Southern Company
The Florida Supreme Court resolved a certified conflict among the district courts over the standard for a private-sector whistle-blower claim under §448.102(3). The Court held that an employee must prove the employer's activity is definitionally 'in violation of law' — rejecting both the 4th DCA's 'good faith reasonable belief' standard and any requirement that an actual, completed, or adjudicated violation be proven. Summary judgment for the employer was approved under the tipsy-coachman doctrine because Gessner failed to show any specific conduct that was definitionally illegal.
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