The specifics of federal and state whistleblower protection laws vary quite a bit, but the singular goal is to encourage workers to report important safety or ethical violations without fear of retaliation. For example, let's say an employee has credible information that her employer has been dumping toxic waste in the local watershed. She knows this is both wrong and illegal, but doesn't want to lose her job for reporting it to the Environmental Protection Agency. If private-sector employees are protected by her state's whistleblower law, then she knows her employer will not retaliate.
And if the employer does retaliate, perhaps through a demotion or a freeze in salary, she may seek relief in court.
Even if the employer is found to be in compliance with the law, the employee who reported the alleged violation still is protected as a whistleblower as long as the initial report was made in good faith. Whistleblowers also include those who complain to the employer, refuse to participate in the violation, or assist with an official investigation into the claim.
Qui Tam Whistleblower Actions
If a whistleblower has credible information that his employer has defrauded the government (whether federal or state), then he may file a qui tam action to help the government recover those losses. In addition to helping the government recover money lost to fraud, an individual who files the suit typically receives a percentage of the money recovered as a reward. This reward ranges from 15 to 30 percent of the total damages.
State Whistleblower Laws
Whistleblower protections are established primarily at the state level. While every state has whistleblower protections to some extant, they vary in scope. For instance, virtually all such laws protect public-sector employees; but not all states extend these protections to those in the private-sector. Many states have separate statutes addressing the private and public sectors.
State laws typically allow plaintiffs (whistleblowers filing the claim) to recover damages for any injuries suffered, such as reinstatement or back pay. Employers convicted of violating whistleblower laws usually pay a fine.
Federal Whistleblower Protections
A number of federal laws include whistleblower protections for workers, including the Clean Air Act and the Solid Waste Disposal Act. If an employer violates the Safe Drinking Water Act by discharging industrial waste into a protected reservoir, for example, an employee who reports this to OSHA (or directly to the employer) is protected from retaliation. Other federal laws with built-in whistleblower protections include the Comprehensive Environmental Response, Compensation and Liability Act; Energy Reorganization Act; Toxic Substance Control Act; and the Water Pollution Act.
Choose a link from the list below to learn more about whistleblower protection laws.
How monetary awards for damages are determined in qui tam whistleblower lawsuits, in which the individual blowing the whistle is entitled to a percentage of the total amount recovered.
An overview of government involvement in qui tam whistleblower actions after a formal complaint is filed, including the key decision to either join or decline to join the complaint.
Whether you work for a large corporation, the government, or a local business, there are many labor laws meant to protect you and the public at large. But since not all employers follow these laws perfectly, lawmakers created a way for employees to b...
Whistleblowers are individuals who have stepped up to report illegal activity or violations of the public trust by their employer, such as environmental violations or illegal workplace safety practices. Not surprisingly, such reporting can be met wit...
So-called "qui tam" actions are lawsuits filed by individuals who believe that an entity (usually a private business) is defrauding the government in some way. A qui tam action lets the government recover money that was lost due to the employer's fra...
Basic information about qui tam whistleblower actions, in which an employee files a complaint that his or her employer has defrauded the government in some way; including information about awards.
If you were fired for calling attention to illegal or otherwise embarrasing information at work, you have to file some important paperwork to make sure you are protected as a whistleblower.
Whistleblowers play a critical role in keeping employers honest. Unfortunately, those who speak out against illegal activity sometimes put themselves at risk of discrimination and retaliation. Whistleblower laws were developed to protect those who sp...
This overview of whistleblower protections includes a brief definition of whistle blowing, which individuals qualify as whistleblowers, and the federal and state law protections afforded to them.
Qui Tam actions are brought by employees of companies who have defrauded the government. Here is a rundown on the law of these lawsuits, as well as the special protections afforded to these whistleblowers.