Whistleblowers are employees who report safety violations or illegal activity that occurs where they work. Several federal and state laws protect individuals who “blow the whistle”, so learn more about whistleblower protection in the workplace in case you face a situation that requires you to decide whether or not to stand up for what is right.
What is a Whistleblower?
Anyone who sees something illegal or hazardous occur at work can choose to stay quiet, especially if fear retaliation from their employer and don’t want to get harassed, threatened, demoted or fired. However, violations like dumping harmful chemicals into public water sources, using questionable accounting practices, allowing safety hazards or discriminating against certain religions is illegal. Individuals who report these activities will be protected by several laws.
Federal Whistleblower Protections
Numerous laws protect employees who speak out against an unlawful or hazardous behavior. Those laws include the Clean Air Act, Solid Waste Disposal Act, Compensation and Liability Act, Comprehensive Environmental Response, Safe Drinking Water Act and Energy Reorganization Act, among others.
In addition to protecting employees who speak up, whistleblowing laws protect employees who refuse to participate in illegal actions and those who assist an investigation. They also encourage future whistleblowers to take action and report illegal activities.
What to do if you see Something Illegal
When you see something that needs to be reported, tell your employer or a federal agency. You will be protected by whistleblower laws if you act in good-faith that your employer is violating the law, whether your claims are proven true or not. If you claim a violation simply to get back at your employer, whistleblower laws will not protect you.
What to do if Your Employer has Retaliated
You can file a complaint against your employer if you face retaliation for being a whistleblower. Visit your local Occupational Safety and Health Administration (OSHA) office or file an online claim within 90 days of the retaliatory action. The agency then has 60 days to investigate your claim and decide if your claims of retaliation are true.
State Whistleblower Laws
Federal whistleblower protection applies to government or public employees. Additionally, your state may also have laws that offer whistleblower protection to both public and private sector employees. You will need to report the illegal activity to your supervisor or an outside authority. As with federal cases, you will not be penalized if you made the complaint in good faith and had a good reason to suspect a violation but it turns out to be unfounded.
Being a whistleblower potentially protects thousands of people and is the right thing to do. Know the whistleblower protections that are in place in case you ever need to take action.
