"Blowing the Whistle" in the Workplace Text Size:

The Purpose of Whistleblower Laws

Enron, Qwest, MCI: What do these companies have in common? They were all brought down because a brave employee notified someone of illegal company practices. At any time, companies may be tempted to cut corners in their daily routines to reduce costs or make more money. Especially in these hard economic times they might not worry that you or other employees will risk their jobs by "making waves" about illegal or harmful practices. However, as an employee, you have the whistleblower laws on your side.

A whistleblower is an employee who knows of these practices and reports them to someone higher up at work, a government agency or newspapers. Your employer may try to retaliate. These laws exist to protect you from workplace revenge.

The term "whistleblower" comes from policemen in England who blew their whistles when they saw a crime taking place. The whistle warned other policemen and the public of danger. Many federal and state laws have passed since the 1960's protecting whistleblowing employees who call attention to employer violations, assist with government investigations or refuse to perform illegal or harmful activities at work. Laws may differ depending on the subject matter of the whistleblowing and the state where the questionable practice occurs.

Whistleblower laws encourage and aid your decision when you think your employer has broken the law. These laws remove the difficult decision of either having to violate a law or losing your job.

While these laws are meant to protect you from employer retaliation, they don't give you the right to complain about minor workplace misconduct. Whistleblower laws don't apply when a co-employee takes extended lunch breaks or makes too many personal calls. The laws don't protect you from internal disagreements or private disputes over the job tasks, work policies or procedures. Rather, they protect disclosure of activity that have greater public meaning, such as illegally polluting a river, or a government official embezzling taxpayer funds.

I "Blew the Whistle," Now What?

If you're fired, demoted or suspended by your employer and you think it's because you were a whistleblower, you might consider a lawsuit against your employer. You'll have to prove - in court - that you qualify for whistleblower status.

Whistleblower laws provide a short timeframe for you to file a lawsuit claiming your employer retaliated against you. A few states allow one year from the date the negative action was taken against you. Other states require shorter timeframes. You may be able to sue for damages for pain and suffering, back pay, reinstatement of your position, benefits, seniority rights, reasonable costs and attorney's fees.

You must show that you had a reasonable belief that your employer violated a law, rule, regulation or public policy. You don't necessarily have to identify the exact law or public policy you think is violated. It does have to be serious enough to be investigated.

A reasonable belief requires that an ordinary person would think inappropriate or illegal conduct was occurring, or about to happen. It isn't enough to be concerned that a law might be violated by your employer at some point in the future.

You must also prove to the court that your employer punished you because you reported the deed. To succeed, you must show a significant change of your duties or status in the company. Claims of harassment or emotional distress by themselves aren't enough continue with your claim.

Know Your Facts

"Blowing the whistle" on employers that act improperly or harmfully may seem glamorous. Many who have done so have been fired, demoted, harassed or humiliated. A person meeting the criteria of whistleblower may turn to federal and state laws for protection of workplace rights.

However, you can't make a whistleblower claim lightly. These same laws protect your employer from trivial or frivolous claims by requiring employees to prove specific facts. Not all workplace disputes, disagreements or actions qualify for whistleblower protections. Be sure you're making the right decisions at the time.

Questions for Your Attorney

• I'm not sure if whistleblower laws would protect me if I call attention to my employer's violations of safety regulations. Can you review my situation before I decide what to do?
• If a whistleblower law would protect me, does that mean I have to act? Do I face any liability if I don't expose my employer's wrongdoing?
• How difficult is it to prove employer retaliation and obtain relief under a whistleblower law? Am I taking a big risk even if the law's on my side?

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