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