Employment & Labor Law
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Pohl v. Southeast Airlines Inc.
29 Fla. L. Weekly D 1422 (Fla. 2nd DCA June 11, 2004)
Nicholas Pohl appeals a final order dismissing his amended complaint which alleged he was the target of a retaliatory personnel action prohibited by section 448.102(2), Florida Statutes (2001). Section 448.102(2), provides:
(1)An employer may not take any retaliatory personnel action against an employee because the employee has:
(2) Provided information to, or testified before, any appropriate governmental agency, person, or entity conducting an investigation, hearing, or inquiry into an alleged violation of a law, rule, or regulation by the employer. 448.102(2) Fla. Stat.(2001).
Mr. Pohl alleged that he was a copilot for Southeast Airlines from July 2000 until October 17, 2001, when he was terminated in retaliation for having provided information to the Federal Aviation Administration ("FAA") in August 2001. Specifically, Mr. Pohl alleged that he provided the information during a period when the FAA was conducting an investigation of Southeast Airlines. Mr. Pohl also alleged that he advised Southeast Airlines of his disclosure to the FAA and that Southeast Airlines thereafter subjected him to harassment until it ultimately terminated his employment.
Southeast Airlines argued that Mr. Pohl
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