King v. State
650 F. Supp. 2d 1157 (N.D. Fla. 2009)
An employee sued his former employer, a state agency, alleging several causes of action, including a violation of § 112.3187, Florida Statutes (the Public Sector Whistle-blower’s Act), where the employee claimed he was terminated for reporting what he saw as misconduct by a supervisor. The employer moved to dismiss this cause for failure to state a claim, and the court found the employer’s argument to be “vague and convoluted.” However, it refused to dismiss the cause because of what it stated was the low pleading threshold needed to state a claim. The plaintiff further alleged negligence against the employer for failure to properly supervise him and ensure that he was only terminated for cause. The court granted the employer’s motion to dismiss this claim, though, ruling that the employer owed no general or statutory duty to the plaintiff. The court also granted the employer’s motion to dismiss the former employee’s negligent infliction of emotional distress claim, ruling that the employer did not engage in “outrageous” conduct. However, it denied the employer’s motion to dismiss the former employee’s tortious interference claim against some individual defendants who it found who be considered third parties to the employer-employee relationship.