Stephens v. The School Board of Lee County, Florida
After obtaining temporary reinstatement under the temporary relief provision of the Florida Public Sector Whistleblower Act, Fla. Stat. § 112.3187(9)(f), plaintiff moved for attorney's fees as a "substantially prevailing employee" under § 112.3187(9)(d). The court, applying Florida law and following the First DCA's decision in Department of Children & Families v. Herstein, 399 So. 3d 384 (Fla. 1st DCA 2025), denied the motion, holding that temporary reinstatement is an interim measure that does not make a plaintiff a substantially prevailing employee until he proves the employer violated the law.
Key facts
- Plaintiff Stephens, a public-sector employee, obtained temporary reinstatement under the Florida Public Sector Whistleblower Act after filing a whistleblower claim against the School Board of Lee County.
- Stephens moved for attorney's fees as a 'substantially prevailing employee' based solely on receiving temporary reinstatement, an interim relief measure granted before any determination on the merits of the underlying whistleblower violation claim.
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Why it matters
Florida public-sector whistleblower plaintiffs who obtain temporary reinstatement under § 112.3187(9)(f) cannot leverage that interim win into an immediate fee award; counsel must wait for a merits determination. The… — full analysis with a trial
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