Whistleblower Act

There are a number of whistleblower acts, statutes and regulations in place in the United States, making a "patchwork" of state and federal protection against whistleblower retaliation. This patchwork has some significant holes in it, but many individuals have nevertheless benefited from these laws since their implementation. The various provisions of the whistleblower acts make this field of law rather complex, and it is thus always in the best interest of an individual to consult a knowledgeable whistleblower attorney before "blowing the whistle," whenever possible.

Federal Whistleblower Acts

For example, a 2002 federal whistleblower act known as "SOX" (the Sarbanes-Oxley Act, named after its sponsors in Congress) offers only certain protections for employees at publicly held companies, and the parameters of this law are still being worked out in court cases. The older 1989 federal Whistleblower Protection Act (WPA), designed to protect federal workers who disclose improper or illegal government activities, has unfortunately been weakened so much since its implementation that it offer virtually no protection from retaliation.

State Whistleblower Acts

Only some states have their own whistleblower laws, each offering differing levels of protection to various employee groups. For example, California's Whistleblower Protection Act protects individuals throughout the state when they tell government officials about illegal conduct by employers including:

state employers
counties
cities
school districts
the University of California system

The California Whistleblower Protection Act also protects employees who refuse to participate in activity that would violate a state or federal law.

Texas Whistleblower Act

The Texas Whistleblower Act provides some protection for public employees who report (to an appropriate law enforcement authority) certain specific violations of certain laws by their employer or another public employee. Such an employee who suffers retaliation for being a whistleblower can seek a legal remedy that includes:

reinstatement if he or she was fired
actual damages
back pay
front pay
court costs
attorney's fees

Will a Whistleblower Protection Act Protect You?

Although the U.S. has some of the most "advanced" laws to protect employee whistleblowers compared to the rest of the world, the relevant state and federal laws do not apply to every individual in every circumstance. If you're thinking of reporting fraud, abuse of power, waste, corruption, illegal conduct or other wrongdoing at your place of employment, contact us to consult with an experienced whistleblower lawyer in your area to determine whether your actions will protected by a whistleblower act, and to learn more about your legal rights.

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Whistleblower

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Whistleblower Act

Federal Whistleblower Acts

State Whistleblower Acts

Texas Whistleblower Act

Will a Whistleblower Protection Act Protect You?

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