Vaughn Usher v. Nipro Diabetes Systems, Inc., and Nipro Medical Corporation

We reverse the order dismissing Vaughn Usher’s various complaints with prejudice for failure to state causes of action. The pleadings attempted to state claims under Florida’s whistleblower act and for age discrimination under Florida’s Civil Rights Act of 1992.

Section 448.102(3), Florida Statutes (2009) precludes an employer from taking “any retaliatory personnel action against an employee because the employee has objected to, or refused to participate in, any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation.” “ ‘Law, rule, or regulation’…