 Most states have whistleblower protection laws, although some apply only to public- sector employees.  Some whistleblowers are protected under laws.

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Presentation transcript:

 Most states have whistleblower protection laws, although some apply only to public- sector employees.  Some whistleblowers are protected under laws that pertain to specific safety- sensitive industries (including aviation and nuclear power).  A variety of federal environmental laws incorporate whistleblower protections for employees reporting environmental violations by their employers.

 Federal government employees are covered by the federal Whistleblower Protection Act (WPA).Whistleblower Protection Act  The WPA prohibits taking or failing to take a personnel action because an employee or applicant has disclosed information that is reasonably believed to show:  1) A violation of a law, rule, or regulation; or  2) Gross mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to public health or safety.

 Publicly traded company may not take adverse employment action against employee providing information or assisting in proceedings regarding  Mail, wire, bank, or securities fraud  Violation of SEC rule or regulation  Federal law protecting shareholders against fraud

 Entitled to  Reinstatement with all rights  Compensatory damages including back pay with interest  Special damages, such as attorneys fees and expert witness fees

 Code Section:  Prohibited Employer Activity: No action may be taken or threatened by any public employer with authority to take, direct others to take, recommend or approve as a reprisal for making a complaint or disclosing information to the public employer unless information disclosed with knowledge that it was false or with willful disregard for its truth or falsity  Protection for Public or Private Employees? Public  Remedies: Can have any prohibited action taken by employer set aside in a proceeding in court