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Reversing a trial court's denial of a motion to compel arbitration of a Florida Whistleblower Act claim, a Florida appellate court held that claims arising from the Act are arbitrable and that the arbitral forum provides adequate redress for statutory claims.
In Hospicecare of Southeast Florida, Inc. v. Major, No. 4D07-442, 2007 WL 4126369 (Fla. Dist. Ct. App. Nov. 21, 2007), Major sued Hospicecare, his former employer, for breach of contract and pursuant to the Florida Whistleblower Act. Hospicecare moved to compel arbitration pursuant to the employment contract's arbitration clause. The trial court held the breach of contract claim was arbitrable while the whistleblower claim was not.
On appeal, the Court held that the whistleblower claims are arbitrable and within the scope of the arbitration agreement, which covered "any controversy or claim arising out of or relating to th[e] Agreement." Additionally, the Florida Whistleblower Act expressly preserves the rights of parties to an employment contract so long as those rights do not conflict with the Act. Finally, the Court found the arbitral forum provided adequate redress for Major's whistleblower claim.
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