Superior Brands, Inc. v. Rogers

ERVIN, Judge.

We affirm all issues except that wherein appellants claim that Bobby Carra-way, an employee of Superior Brands, could not be individually liable under section 440.205, Florida Statutes (1989), and as to this issue we reverse the trial court’s denial of appellants’ motion to dismiss,1 and remand with directions that Carraway be dismissed as a party.

As the supreme court explained in Scott v. Otis Elevator Co., 572 So.2d 902, 903 (Fla.1990), Florida does not recognize a common-law tort for retaliatory discharge; instead, the legislature created section 440.205 to allow a statutory…