Stop, Look and Listen for the Whistle Blowing Act!

If you are a loyal government employee, then you are aware of the huge responsibility you have to undertake in guarding your institution’s safety and security. Thus, if you find out that some co-employees are plotting against the institution or agency you are working for that would affect the safety and security of said institution, then you have the responsibility to report it to proper authorities.

There is no limit to what a loyal employee can do for his or her institution. However, what can an institution do for loyal employees to protect them from retaliation by co-employees or employers they have reported against?

The federal government has imposed the Whistleblower laws plus other laws, which have provisions regarding protection from employer retaliation. These are being enforced by several government agencies.

For example, the Department of Labor (DOL) of the United States is enforcing some very important laws with the objective of protecting whistle blowers. They also have other provisions that defend employees from any form of retaliation.

There are employees who can be provided with adequate protection from the Whistleblower laws. They are those who have reported a violation of the laws, shown a refusal or resistance to participate in any activity or proceedings that are illegal or against the laws.

For employees who are employed in corporations that are publicly traded, they are under the Corporate and Criminal Fraud Accountability Act. This act is a part of the Sarbanes – Oxley Act of 2002 as enforced by the Department of Labor (DOL).

This act defends employees of the mentioned corporations from retribution that may be directed to them because of reporting alleged violations of the Securities and Exchange Commission’s (SEC) rules or regulations.

Aside from this, there is also protection provided for those who have given away acts of infringement of any Federal law provision that involves deceit against their shareholders. This law has become a landmark act, which criminalizes the retaliation of an employer against a whistleblower-employee.

This law also required corporations that are publicly traded to conceptualize and enforce procedures that will encourage insider whistle blowing. Attorneys were even encouraged to become insider whistle blowers.

The Whistleblower Protection Act, meanwhile, aims to protect the interests of whistle blowers working for the Federal government as required by the country’s Office of Special Counsel (OSC).

This Act’s main objective is to forbid the reprisal against employees in public offices who happened to report an unlawful activity or official misconduct.

There are certain procedures that employees facing reprisals must follow in order to become fully protected under the Whistle Blower Act.

• The employees themselves must instigate an action that would qualify them under the protection of the said law. Office of the Attorney General cannot file for them.

• The government office in the state or county cannot suspend nor remove the employment of an employee who has reported, in good faith, an unlawful activity to the proper.

• A government employee who have reported an illegal activity and became a target of revenge and discrimination should meet up to the requirements of the law.

However, if all the appeals of the employee have been exhausted, he or she could file a lawsuit against the governmental office in a state or county with demands to compensate damages incurred due to loss of wages, legal fees and other costs. He or she can also demand for reinstatement in case the retaliation was suspension from work.

There are also dozens of other federal laws that defend and safeguard the interests of whistle blowers. These laws are also designed to give protection to workers against retribution and other unlawful action by their employers or fellow employees.

Aside from federal statutes, there are related state and local laws regarding whistle blowing.

Whatever level the statutes protecting the whistle blowers are, always remember that its basic purpose is to uphold the rights and welfare of employees who have been courageous and honest in blowing the whistle against official wrongdoing.