Employment Law Update

The Fifth District Court of Appeal, on November 6, 2009, released a decision which addressed a question of first impression under the Public Employee Whistleblower’s Act, Section 112.3187 - .31895, Florida Statutes (2005).  The case, University of Central Florida Board of Trustees v. Richard Turkiewicz, Case No. 5D09-1243, is important because the Court held that a state-agency employee must first file the whistleblower claim with the Florida Commission on Human Relations, and allow the FCHR to investigate the matter, before the employee is permitted to file a lawsuit in court.  The court's opinion can be found here.

 

    Mr. Turkiewicz, UCF’s Director of Police and Public Safety, had been an exemplary employee for about 18 years.  However, after reporting alleged wrongdoing by the University, he was notified that he would not be reappointed to his position.  Instead of filing a whistleblower claim with the FCHR, Mr. Turkiewicz initiated an internal grievance under UCF’s university rules, and the grievance was heard by a Step One grievance panel, a UCF Vice President and ultimately by UCF President John C. Hitt.  Following denial of the grievance, Mr. Turkiewicz filed a lawsuit.

 

    The Fifth DCA held that Mr. Turkiewicz’s internal grievance proceeding did not satisfy the statutory requirement that the claim be submitted to the FCHR for investigation prior to filing suit in court.  The Court thus held that the Whistleblower complaint had to be dismissed. 

 

    Although the Florida Civil Rights Act, the Florida Whistleblower’s Act and other similar employment laws in Florida are liberally construed in favor of employees, the courts continue to dismiss such claims for failure of employees to exhaust administrative remedies in compliance with the statutes, prior to filing suit.

 

Prepared by: James J. Dean

jdean@lawfla.com