Opinion
No. 90-1341.
March 13, 1991. Rehearing En Banc and Certification of Question Denied April 25, 1991.
Appeal from the Circuit Court for Broward County; George A. Brescher, Judge.
William R. Amlong of Amlong Amlong, P.A., Fort Lauderdale, for appellant.
Donald A. Wich, Jr., and James J. Wich of Sullivan, Bailey, Wich and Bailey, P.A., Pompano Beach, for appellee.
The judgment of dismissal with prejudice is affirmed in all respects.
DOWNEY, J., concurs.
STONE and POLEN, JJ., concur specially with opinions.
In my judgment, the issue addressed by the proposed certified question is properly one for legislative determination.
While I agree that the judgment of dismissal with prejudice must be affirmed, I would certify the following question to the Supreme Court of Florida as being of great public importance:
SHOULD A CAUSE OF ACTION BE RECOGNIZED FOR TORTIOUS WRONGFUL DISCHARGE (FROM EMPLOYMENT OTHERWISE TERMINABLE AT WILL), IN VIOLATION OF PUBLIC POLICY WHERE AN EMPLOYEE IS FIRED BECAUSE OF HER PARTICIPATION IN A LAWSUIT WHICH REQUIRES THAT THE EMPLOYEE'S EARNING RECORDS BE PRODUCED BY THE EMPLOYER PURSUANT TO A SUBPOENA?