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