Wednesday, November 11, 2009

Florida's Whistleblower Act Complaint Dismissed For Failing To Seek Relief From the Florida Commission on Human Relations Before Filing Action

In University of Central Florida v. Turkiewicz (5D09-1243), the Fifth District granted a writ of certiorari and quashed an order denying a motion to dismiss a complaint filed under Florida's Whistleblower's Act.  The court stated "UCF contends that Turkiewicz did not comply with statutory conditions precedent before filing suit and that requiring UCF to continue with the litigation will cause it irreparable harm for which there is no remedy on appeal. Because we agree that the Act requires that Turkiewicz seek relief from the Florida Commission on Human Relations ["FCHR"] before filing a civil action, and there is no dispute that Turkiewicz failed to seek relief from the FCHR, we grant the writ and quash the order."


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