When an employee reports a legal violation, you have to take the raised issue seriously. But what happens when the same employee has not been performing well lately?
Facing this situation can feel like walking on a legal tightrope. While you want to resolve problems at work, you also aim to maintain quality operations. The best way to approach this is to familiarize yourself with Florida law.
Understanding an employee’s rights
In Florida, the Private Sector Whistleblower’s Act protects employees when reporting protected activities or refusing to participate in any unlawful activity.
It is important to note that written notice and an opportunity to cure are mandatory for disclosures to government agencies, but the best practice is to require them for all internal complaints.
Separating complaints from performance
If you fire an employee shortly after they complain, it can look like retaliation, even if they were already failing. To defend yourself, you must show that the termination was based on a legitimate, non-retaliatory reason by having an objective paper trail. Here are the best practices you may consider:
- Be specific when stating the reason behind an employee’s termination. Document specific performance gaps as they occur.
- Be consistent when reprimanding employees about their errors. If you let one person slide on lateness but fire a whistleblower for it, you are at risk.
Whistleblowers help improve workplace safety and trust. However, as an employer, you still have to regularly check whether your employees are performing to the company standard.
Enhancing your policies on whistleblowing
Drafting a detailed policy on whistleblowing can help you outline an employee’s rights and your boundaries. Check your current rules and see whether they are up to date with the latest Florida laws. Seeking legal advice from an attorney can be wise to get precise guidance on the matter.