Whistleblower Complaint

Below is what a whistleblower complaint might look like. Do not use it yourself; instead, seek a lawyer’s advice before doing anything. Complaints are factually and legal-specific, so this is not to be used even as a sample:

Complaint & Jury Demand 

1.         The Plaintiff, John Doe, sues Defendant, A.B.C. Inc., for unlawful retaliation in violation of Fla. Stat. § 448.102(3).

2.         Defendant has a Covid-19 vaccine policy.

3.         Defendant’s COVID-19 vaccine policy flagrantly violates Fla. Stat. § 381.00317, a serious offense that cannot be overlooked.

4.         On or about December 2011, Plaintiff objected to Defendant’s COVID-19 vaccine policy.

5.         Defendant callously terminated Plaintiff on or about February 18, 2012, solely for his objection to or refusal to participate in Defendant’s Covid-19 vaccine policy, causing significant personal and professional upheaval.

6.         The suit is brought forth pursuant to Fla. Stat. § 448.103(1)(a).

7.         Plaintiff is a citizen of Florida.

8.         Plaintiff resides in Alachua County, Florida.

9.         Defendant is a Delaware company.

10.       Defendant’s principal place of business is in Florida.

11.       Defendant conducts business in Florida.

12.       Defendant conducts business in Alachua County, Florida, among other counties in Florida.

13.       There is complete diversity between the parties.

14.       The matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs.

15.       The Honorable Court has diversity jurisdiction pursuant to 28 U.S.C. § 1332.

16.       Venue is proper in Alachua County, Florida, pursuant to Fla. Stat. § 448.103(1)(b).

17.       Defendant imposed a COVID-19 vaccination mandate without providing individual exemptions that allow an employee to opt out of such requirement on the basis of COVID-19 immunity, periodic testing, or use of employer-provided protective equipment.

18.       Defendant knew that Plaintiff had COVID-19 immunity.

19.       Defendant knew that Plaintiff had Covid-19 immunity because it was aware that Plaintiff had contracted Covid-19.

20.       Defendant violated Fla. Stat. § 381.00317(3).

21.       Defendant did not offer Plaintiff an exemption from the vaccine mandate pursuant to Fla. Stat. § 381.00317(3) for periodic testing.

22.       Defendant did not offer Plaintiff an exemption from the vaccine mandate pursuant to Fla. Stat. § 381.00317(3) through the use of employer-provided protective equipment.

23.       Defendant offered vaccine mandate exemptions pursuant to the A.D.A.

24.       Defendant offered vaccine mandate exemptions pursuant to Title VII. 

25.       Florida has a law titled Private Employer Covid-19 Vaccination Mandates Prohibited.

26.       The aforementioned is a “law” as defined by Fla. Stat. § 448.101(4).

27.       Defendant’s vaccine mandate violates Florida’s law titled Private Employer Covid-19 Vaccination Mandates Prohibited. 

28.       Plaintiff was Defendant’s employee.

29.       Defendant was Plaintiff’s employer.

30.       Plaintiff’s supervisor knew that Defendant objected to Defendant’s vaccine mandate and that he had been infected by COVID-19, hitherto potentially qualifying for an immunity exemption.

31.       Defendant took a “retaliatory personnel action” against Plaintiff when Defendant discharged Plaintiff.

32.       Plaintiff refused to participate in Defendant’s activity, which violated Florida’s law. Private Employer Covid-19 Vaccination Mandates Prohibited.

33.       Plaintiff objected to Defendant’s activity that violated Florida’s law titled Private Employer Covid-19 Vaccination Mandates Prohibited.

34.       Defendant would not have discharged Plaintiff on or about February 18, 2022, if Plaintiff had agreed to participate in Defendant’s activity that violated Florida’s law titled Private Employer Covid-19 Vaccination Mandates Prohibited. 

35.       Defendant would not have discharged Plaintiff on or about February 18, 2022, if Plaintiff had rescinded his objection to Defendant’s activity that violated Florida’s law titled Private Employer Covid-19 Vaccination Mandates Prohibited.

36.       Defendant discharged Plaintiff in violation of Fla. Stat. § 448.102(3).

37.       Plaintiff was discharged by Defendant because he objected to or refused to participate in Defendant’s activity, policy, or practice that ran afoul of Fla. Stat. § 381.00317.

Wherefore, Plaintiff, John Doe, demands a trial by jury and seeks the following: a judgment in his favor, a declaration that Defendant’s vaccine mandate violates Florida law, compensation for lost wages, benefits, and other remuneration, reinstatement if reinstatement is impossible, front pay, compensatory damages, attorneys’ fees, and costs.