Is An Employee Required to Comply With the Written Notice Requirement When He Brings a Whistle Blower Claim ?
In Golf Channel v. Jenkins, 752 So. 2d 561 (Fla. 2000), the court recently resolved this split in the district courts regarding the extent of the written notice requirement of sections 448.102 and 448.103, Florida Statutes (1995).
The court held that when an employee brings a whistle-blower claim pursuant to subsection 448.102(3), on the basis that the employer took prohibited retaliatory personnel action because of the employee's objection to the employer's unlawful activity, the employee is not required to comply with the written notice requirement of section 448.103(1)(c). See Golf Channel, 25 Fla. L. Weekly at S33.