Whistleblowing Inappropriate Or Unsafe Working Conditions
Whistleblowing in the Workplace
“Whistleblowing” is a common term used to describe an employee who reports inappropriate or unsafe work conditions to the authorities. Blowing the whistle on your employer can require a great deal of bravery. At one point, there was little protection against retaliation for whistleblowers; however, over the years, the federal government has passed legislation specifically aimed at protecting the rights of employees who decide to make the leap.
There are a number of reasons for one to turn in their employer to authorities, including:
o Unsafe or unhealthy working conditions
o Illicit use of federal funding
o Negligent behavior
o Illegal activity
Over the years, legislation has been passed in order to protect the rights of whistleblowers in order to encourage the exposure of illegal activities and fraudulent businesses. The following legislations protect employees and civilians from retaliation after “blowing the whistle” on an employer. If you have suffered retaliation after reporting your employer, you have the right to file a law suit against your employer.
Occupational Safety and Health Act (OSHA)
In order to protect employees who have “blown the whistle” on unsafe or unhealthy working conditions, President Nixon passed OSHA in 1970. According to this legislation, the workplace should not contain any of the following:
o Toxic chemicals or gases
o Extremely hot or cold temperatures
o Mechanical hazards
o Unsanitary working conditions
o Constant noise above a certain decibel
If an employer fails to comply with OSHA standards, any employee has the right to request an OSHA inspection. By law, retaliation for this request is illegal.
Federal False Claims Act (FFCA)
Established in 1863, the FFCA enables employees to report an employer who is illicitly using federal funding. This act is considered a “qui tam” action. If fraudulent spending of government money is proven, the employee who filed the qui tam may be rewarded. Additionally, these employees are protected from retaliation by the FFCA.
Texas Whistleblower Claims
This legislation protects any civilian who reports fraudulent, negligent, or illegal actions on the part of a public employer, so long as the claim is filed in “good faith.”
Sarbanes-Oxley Act (SOX)
This piece of legislation, passed in 2002, protects employees who refuse to participate in illegal actions and report said actions to law enforcement.
For more information about whistleblowing and employee protection, contact the San Antonio whistleblower defense attorneys of Melton & Kumler, LLP.
Joseph Devine
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One Response to Whistleblowing Inappropriate Or Unsafe Working Conditions
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I recently quit my job because my office manager was constantly giving me other office employ’s work or just finding new things for me to do just to make my job harder. I believe she was doing this in retaliation. I found out that she was forging prescriptions for Adipex and allowing other employees to commit insurance fraud. I told on her and she found out that I was the whisleblower. I don’t know what punishment she received, but she did not get fired for it. I need advise on what I can do?