The Rights of Whistle Blowers

Federal Protection

It is illegal to harass, fire, or discriminate against an employee who reports what he or she reasonably believes to be a false claim. (31 U.S.C. §3730(h)). An whistle blower may recover back wages, past seniority, interest, attorney's fees, and all other economic damages. The whistle blower may also get a court order restoring his or her job, and preventing any harassment or retaliation.


State Whistle Blower Protection Laws

Some states have their own statutes making it illegal to fire or retaliate against employees who have reported what they reasonably believe is wrongdoing. Some of these statutes only protect people who blow the whistle on government programs. Some of them are broader and protect whistle blowers at private institutions as well.


Retaliatory Discharge Suits

We live in the land of the Golden Rule: "Those with the Gold make the Rules."

This is generally true in the area of employee rights. Private employers try to invoke the "at will" doctrine, meaning that you can be fired "at will" -- with or without good cause.

Some states have developed exceptions to this rule called "public policy exceptions". In these states, employees have rights not to be fired, harassed, or discriminated against in violation of a stated "public policy". It is usually a violation of "public policy" to fire a someone who has blown the whistle on illegal or fraudulent activity. To tell whether a particular whistle blowing activity is protected in any particular state, check with an experienced employment rights lawyer. Please feel free to contact me for a consultation. If I cannot help you I will be happy to suggest other attorneys who can. Or check with the National Employment Lawyers Association.


Gaining Greater Protections

The best protection of all is a specific state whistle blower statute. Those states which currently have whistle blower statues are:

Some nursing professional associations and unions are working to get such laws on the books. So are local employment lawyers' associations, and trial lawyers associations. Your best bet is to contact the national groups to see who is working on this in your area.


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