High-Ranking Law Enforcement Official in Florida Alleges Wrongful Termination (Whistleblower Retaliation)

On June 20th, 2024, ABC News reported that Shane Desguin—a career employee at the Florida Department of Law Enforcement (FDLE) and former top-ranking official—has filed a wrongful termination lawsuit on the grounds of whistleblower retaliation. He contends that he was forced to retire from the agency after reporting a litany of violations, including related to public record records and law enforcement actions to arrest demonstrators.

Official Contends Retirement Was Wrongful Termination, Whistleblower Retaliation 

Shane Desguin filed a lawsuit alleging wrongful termination after allegedly he refused to comply with orders from Governor Ron DeSantis and his aides. Mr. Desguin states that he deemed those orders illegal and/or inappropriate. According to the employment law claim, Mr. Desguin was forced into retirement in November as a direct consequence of his whistleblower activities. Indeed, he claims to have been punished for opposing unlawful directives—such as arresting demonstrators without probable cause.

The wrongful termination/whistleblower retaliation lawsuit details a series of incidents where Mr. Desguin reportedly clashed with higher-ups over ethical and legal issues. In one instance, Mr. Desguin contends that he was instructed to target demonstrators at a neo-Nazi rally for arrests to benefit DeSantis politically—a directive he resisted. He argues that his opposition to this and other unlawful practices set him up for retaliation by his employer.

Public Employees are Entitled to Comprehensive Whistleblower Program in Florida 

In Florida, public employees are protected under a comprehensive whistleblower program (Florida Public Whistleblower Act) that is designed to protect people who report misconduct, corruption, or illegal activities within government agencies. The program ensures that employees can come forward without fear of retaliation. It covers a range of violations—from financial mismanagement to violations of state laws. A public employee who has faced unlawful retaliation after engaging in legally protected whistleblower activity under the Florida Public Whistleblower Act has the right to file a complaint to seek all available remedies.

 How to Prove Wrongful Termination Constitutes Whistleblower Retaliation 

To prove that a wrongful termination constitutes whistleblower retaliation, an employee must demonstrate a clear link between their protected activity and the adverse action that they faced from their employer. Here is an overview of the key elements:

• Protected activity involves reporting or opposing practices that are illegal or violate public policies.
• Adverse action can range from termination to demotion to any other unfavorable employment decision that affects the whistleblower’s job status or benefits.
• Causation requires showing that the adverse action was directly motivated by the protected activity.

Notably, causation can be demonstrated through timing (if the adverse action followed closely after the whistleblowing), evidence of inconsistent reasons given by the employer, or direct statements linking the action to the employee’s reporting.

 Get Help From Our Florida Wrongful Termination Attorney Today 

Wrongful termination claims are complicated—especially if whistleblower retaliation is alleged. If you have any questions about a wrongful termination claim on the grounds of whistleblower retaliation, please do not hesitate to contact an experienced attorney for guidance and support.