Whistleblower

A "whistleblower" is an employee who reports a violation of the law by his or her employer. The federal government and many states have laws protecting whistleblowers from retaliation; 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.

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 by 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 action.

Employees are also protected in most states by general statutes or common law barring discrimination or retaliation against whistleblowers. In order to qualify for this protection, an employee generally must, as under federal law, have a good-faith belief that the employer or its employees are in some way violating the law, and must either complain about that violation to the employer or to an outside agency, refuse to participate in the violation, or assist in an official investigation of the violation.

Form: The Fired Employee

To read and printout a copy of the Form please link below.

The Fired Employee

You can download a free copy of Adobe Acrobat Reader at http://www.adobe.com/acrobat/readstep.html

Disclaimer

This publication and the information included in it are not intended to serve as a substitute for consultation with an attorney. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals.