Denise P. Lubliner is a Labor and Employment Lawyer in Tampa, Florida
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Whistleblower Act - Florida Courts Rule and Honda Faces New Whistleblower Trial
Case Update:
Whistleblower Trial
RE: District Court of Appeal of Florida, Second District
The appellate court was recently called upon to resolve the recent split between Florida's 4th District and the 2nd District Court of Appeals in the KEARNS v. FARMER ACQUISITION COMPANY d/b/a Charlotte Honda.
A Florida appeals court ruled in February, reversing a lower court's directed verdict that had ruled in favor of Honda in the case of Sean KEARNS v. FARMER ACQUISITION COMPANY (Charlotte Honda, Appellee) The appeals court ordered a new trial for Kearns, who was a web administrator then later in sales and finance for Honda. Kearns brought forth a Whistleblower case against the Honda dealership over what "he believed" were fraudulent loan practices.
The Second DCA ruled that the employee failed to prove that what he objected to or refused to participate in was an actual violation of law and further, had failed to establish a causal link between his activity protected under the Florida Whistleblower's Act and the termination from his employment with Honda.
The 4th district of appeals in 2013, however, maintained that an employee only becomes eligible for protection under the
Florida Whistleblower's Act as long as the employee had the good faith belief that their employer was in violation of rules or regulations. In essence, an employee only had to believe that a law had been broken to gain protection under the Whistleblowers Act.
The outcome of the first ruling in the Kearns v. Honda lawsuit contradicts the underlying policy of the FWA by failing to protect the employee who objects to an employer's illegal conduct.
But in February, Florida's Second District Court of Appeal said the trial court erred in issuing a verdict to Farmer Acquisition Co., which does business as Charlotte Honda, and should have let the evidence presented by former employee Sean Kearns go to a jury. The court of appeals stated that "Kearns presented evidence that the dealership counseled the credit applicants to provide false income and vehicle information and aided those applicants in submitting that information to financial institutions. Had the testimony of Kearns and [his co-worker Mike] McDonald been submitted to the jury, it lawfully could have concluded that Kearns refused to participate in conduct that was a violation of the law.”
The 2nd DCA therefore ruled in favor of the employee who will now get a jury trial. The Second District Court of Appeals ruled that Sean Kearns had sufficiently alleged that his employer violated a Florida statute by making false statements about its vehicles to assist purchasers in obtaining credit to purchase the vehicles.
Lubliner Law Firm, Tampa, Florida.
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Tampa Labor and Employment Lawyer Representing clients
throughout Florida, including Hillsborough, Pinellas, Pasco, Polk,
Manatee, Marion and Sarasota counties.
This case supports the importance of hiring
Tampa Whistleblower lawyer who is knowledgeable in
Whistleblower claims and lawsuits and
Florida appellate law. If you need a Labor and Employment Lawyer in Tampa Bay, St. Pete/Clearwater, Sarasota or Pasco County who will fight for your rights call us today. Our Labor and Employment Law Firm is located at 2907 W Bay to Bay Blvd., Ste. 345,
Tampa, Florida 33629 or call today, (813) 381-5670.
For information or a free consultation with Lubliner Law Firm or if you have questions about a Whistleblower lawsuit, contact
Tampa Labor and Employment Attorney Denise Lubliner,
