Which statute defines retaliatory personnel action

Thus, there must be an express exception to the at-will employment doctrine , such as a contractual or statutory provision, for an employee to maintain a cause of action for wrongful discharge.

Laguerre v. Palm Beach Newspapers, Inc. Schultz v. Tampa Elec. Jenkins , So. Transouth Fin. Kearns v. Existing rights. Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any employee under any other law or regulation or under any collective bargaining agreement or employment contract. Retaliatory action by employers; prohibition. For purposes of this section, unless the context specifically indicates otherwise: a "Employee" means an individual who performs services for and under the control and direction of an employer for wages or other remuneration, including former employees, or natural persons employed as independent contractors to carry out work in furtherance of an employer's business enterprise who are not themselves employers.

An employer shall not take any retaliatory action against an employee, whether or not within the scope of the employee's job duties, because such employee does any of the following: a discloses, or threatens to disclose to a supervisor or to a public body an activity, policy or practice of the employer that the employee reasonably believes is in violation of law, rule or regulation or that the employee reasonably believes poses a substantial and specific danger to the public health or safety; b provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry into any such activity, policy or practice by such employer; or c objects to, or refuses to participate in any such activity, policy or practice.

The protection against retaliatory action provided by paragraph a of subdivision two of this section pertaining to disclosure to a public body shall not apply to an employee who makes such disclosure to a public body unless the employee has made a good faith effort to notify his or her employer by bringing the activity, policy or practice to the attention of a supervisor of the employer and has afforded such employer a reasonable opportunity to correct such activity, policy or practice. Such employer notification shall not be required where: a there is an imminent and serious danger to the public health or safety; b the employee reasonably believes that reporting to the supervisor would result in a destruction of evidence or other concealment of the activity, policy or practice; c such activity, policy or practice could reasonably be expected to lead to endangering the welfare of a minor; d the employee reasonably believes that reporting to the supervisor would result in physical harm to the employee or any other person; or e the employee reasonably believes that the supervisor is already aware of the activity, policy or practice and will not correct such activity, policy or practice.

In any such action, the parties shall be entitled to a jury trial. Every employer shall inform employees of their protections, rights and obligations under this section, by posting a notice thereof. Retaliatory personnel action includes discharge, suspension, demotion or other adverse employment action in terms or conditions of employment.

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