WHISTLE BLOWING AND THE LEGAL RIGHTS OF THE WHISLTEBLOWER

Whistle Blowing and the Legal Rights of the Whislteblower



Whistle Blowing And The Legal Rights Of The Whislteblower

Definition

Most whistleblowers are internal whistleblowers, who report misconduct on a fellow employee or superior within their company. One of the most interesting questions with respect to internal whistleblowers is why and under what circumstances people will either act on the spot to stop illegal and otherwise unacceptable behavior or report it. There is some reason to believe that people are more likely to take action with respect to unacceptable behavior, within an organization, if there are complaint systems that offer not just options dictated by the planning and control organization, but a choice of options for individuals, including an option that offers near absolute confidentiality.

External whistleblowers, however, report misconduct on outside persons or entities. In these cases, depending on the information's severity and nature, whistleblowers may report the misconduct to lawyers, the media, law enforcement or watchdog agencies, or other local, state, or federal agencies. In some cases, external whistleblowing is encouraged by offering monetary reward.

Under most US federal whistleblower statutes, in order to be considered a whistleblower, the federal employee must have reason to believe his or her employer has violated some law, rule or regulation; testify or commence a legal proceeding on the legally protected matter; or refuse to violate the law.

In cases where whistleblowing on a specified topic is protected by statute, US courts have generally held that such whistleblowers are protected from retaliation. However, a closely divided US Supreme Court decision, Garcetti v. Ceballos (2006) held that the First Amendment free speech guarantees for government employees do not protect disclosures made within the scope of the employees' duties.

A "whistleblower" is an employee who reports a violation of the law by his or her employer. The violation may be against the reporting employee, as with sexual harassment claims, or may be a general violation such as unlawful pollution practices against environmental law. The federal government and many states have laws protecting whistleblowers from retaliation for filing a claim or reporting a violation. In addition, most states recognize a common-law claim against an employer who takes action against an employee after he or she has reported a violation of law. 

Federal Law Protections for Whistleblowers

The federal Clean Air Act, Comprehensive Environmental Response, Compensation and Liability Act(CERCLA), Energy Reorganization Act, Safe Drinking Water Act, Solid Waste Disposal Act, Toxic Substance Control Act, and Water Pollution Control Act each contain protections for an employee who complains about safety or health hazards either in the workplace, or to the environment, caused by an employer.  In order to be protected under these acts, an employee must have a good-faith belief that the employer is violating the law, and must complain either to the employer or to a federal agency about the apparent violation.  The employee is then protected even if the employer is ultimately found to be in compliance.  An employee who feels that he or she has been retaliated against for making a complaint, must bring a complaint to the Occupational Safety and Health Administration within thirty days of the retaliatory ...