Employment & Labor Law
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ROLAND v. FLORIDA EAST COAST RAILWAY, LLC
28 Fla. L. Weekly Fed. D1566a (Fla. 3rd DCA July 9, 2003)
Roland appealed an order dismissing his Florida whistleblower lawsuit on grounds of federal preemption. Roland was employed as a railroad policeman by Florida East Coast Railway (FEC). Roland reported violations of federal and state laws. Roland alleged he was terminated in response to reporting the violations. FEC obtained a dismissal on the grounds that there is a federal whistleblower statute that protects railroad employees, and that the federal statute preempted any state whistleblower act. The appeals court concluded the federal statute allowed a railroad employee to proceed under either a federal whistleblower statute or a state whistleblower statute, but not both; therefore, they reversed and remanded to allow Roland
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