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