Friday, September 21, 2012

Understanding How The Whistleblower Act Protects Employees

By Rebekah Alford


When an employee has information that their employer is violating the law, they may seek protection under the whistleblower act. When the employee is contemplating this decision, he or she needs to prepare by making sure they understand what laws apply and what protections are offered. Not all actions are protected under the laws provided.

The original Whistleblower Act was passed by Congress in 1989. This law only applies to those is a certain number of federal jobs. Though you might think it would apply to anyone working in any company, the law does not expand to these areas. It also only applies to major legal issues and does not provide protections for minor legal infractions that have little impact.

Agencies like OSHA have added similar enhancements to their series of laws. As the importance of these protections became evident, the Occupational Safety and Health Administration added the protections to help those working in dangerous jobs feel safe in complaining about safety measures that were being ignored by their employer for financial concerns. Employees complaining about workplace environments are now protected against retaliation by their employer.

Other agencies have added these protections. For example, the SEC noted that it was important to protect employees with sensitive and damaging information because many corporations were finding it easy to skirt the law, causing damage to investors and consumers. Many agencies have found the need to protect those who are willing to come forward.

Many states have enacted similar laws. In most cases, the federal laws that provide whistleblower protection do so only in the federal arena. States have recognized the importance of protecting those willing to step forward and have added protections for state employees and contractors.

The laws are limited in their scope. The information provided cannot be a considered a frivolous infraction of the law. For instance, minor paperwork errors would not apply. However, if there is intent to hide serious information from regulators or the public that could cause financial or safety devastation, the employee would be protected from adverse action.

Employers are not allowed to adversely retaliate against employees. If a person under this protection comes forward, the employer is not allowed to do anything that would adversely affect their career. This includes making threats, denying promotions, or prospects for advancement. These protections are often limited in scope and time to file a grievance.

The original whistleblower act was designed to encourage the vast number of federal employees to come forward with information when something was going on that was dangerously contrary to the law. Those with inside knowledge of infractions were afraid to come forward for fear of losing their jobs or prospects for advancement. Over time, many states and other agencies have updated their laws to provide the same level of protections in the various industries served. This type of system helps keep businesses and government agencies honest in a time when consumers and citizens rely on their services. Though the protections are in place, it is important to research which ones protect you and the limitations they may have.




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