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Article #157: The Whistleblower Protection Law

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It was not until 1986 when a law charge to retaliate with or without a
protecting whistleblowers is made. lawyer to represent them. However if the
Congress added an anti-retaliation case is not resolved immediately, the
protection to the then existing False administrative law judge may then preside
Claims Act. over the only evidentiary hearing that
A whistleblower is a person who tells on may take place.
something he believes is an illegal act. A whistleblower should not attempt to
The employees are the most commonly known delay an investigation of the possible
whistleblower. They tell on their legal remedy. To maintain this ruling,
employers which they suspect is doing or the retaliation should then be brought to
committing an illegal act. the attention of an appropriate
Under the Whistleblower Protection Law, government official within 30 days, else
the employee should not be discharged, the complaint could not be pursued.
denoted, suspended, threatened or Most states have some sort of statutory
harassed in any form that discriminates or common law "whistleblower" or
the terms and conditions of his anti-retaliation laws. Like the federal
employment because of the legal act done whistleblower laws, not every lawyer will
by the employee. know about these laws, especially laws
The employee may be of aid in many ways outside their own state.
possible on the investigation, testimony These states and the District of Columbia
and the likes. However there are some have recognized a public policy exception
constraints under the whistleblower to the "employment at will doctrine":
protection law. Alaska, Arizona, Arkansas, California,
Reporting illegal acts that are only Colorado, Connecticut, Florida, Hawaii,
within the company is a ground for Idaho, Illinois, Indiana, Iowa, Kansas,
exemption. But still there may be public Kentucky, Louisiana, Maine, Maryland,
policies that could protect the employee Massachusetts, Michigan, Minnesota,
from retaliation Missouri, Montana, Nebraska, Nevada, New
If it turns out that an employer didn't Hampshire, New Jersey, New Mexico, North
actually break a law, the employee is Carolina, North Dakota, Ohio, Oklahoma,
still entitled to whistle blower Oregon, Pennsylvania, Rhode Island,
protection from retaliation, if he Tennessee, Texas, Vermont, Virginia,
reasonably believed that the employer Washington, West Virginia, Wisconsin and
committed an illegal act. Wyoming.
The whistleblower protection law does not Some states have explicit statutory
cover employer retaliation for complaints protections for whistleblowers. These
about personal loathe. Office politics is include: California, Connecticut,
not to be used as a basis for filing a Delaware, Florida, Hawaii, Louisiana,
complaint against the employer and use Maine, Michigan, Minnesota, Montana, New
the whistleblower protection for personal Hampshire, New Jersey, New York, North
gain. Carolina, Ohio, Oregon, Rhode Island,
In order for the employee to be protected Tennessee, and Washington.
from employer retaliation, he may the There are also state laws that offer
have a suspected desecration of any special protections just for their own
Federal Law. But the supposed violation state or local government employees:
should have provisions that the law Alaska, Arizona, California, Colorado,
violated will protect whistleblowers. Connecticut, Florida, Georgia, Hawaii,
The Whistleblower Federal Law, unlike the Illinois, Indiana, Iowa, Kansas,
False Claims Act, allows the Kentucky, Louisiana, Maine, Maryland,
whistleblower to file a lawsuit in a Massachusetts, Minnesota, Missouri,
federal court. The Federal Whistleblower Montana, Nevada, New Hampshire, New
Law does not permit the whistleblower to Jersey, New York, North Carolina, Ohio,
go directly to the court. Oklahoma, Oregon, Pennsylvania, Rhode
The individuals concerned are pursued Island, South Carolina, South Dakota,
administratively. These individuals Tennessee, Texas, Utah, Washington, West
concerned could file a complaint or Virginia and Wisconsin.






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