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How are Whistleblowers Protected Under the Law?

Whether a company is illegally dumping toxic substances into the waterways, or a hospital is billing Medicare for services that were never provided, wrongdoings by corporations and other entities can have far-reaching consequences. Oftentimes, the only way that violations are exposed is through people who work for the company that is committing the wrongful acts. This can be a complicated situation though, since the people who must come forward are typically employees of the wrongdoing companies. The decision to report an employer’s criminal actions can be frightening when a person believes that doing the right thing could cause them to lose their job.

Fortunately, there are several laws that protect whistleblowers from retaliation. In some cases, whistleblowers are not only protected, but can actually be rewarded for their brave decision to come forward. Determining which laws apply in which circumstances can be difficult though, so if you find yourself in the position of reporting your employer’s illegal conduct, speak with an employment law attorney to learn your rights and what sort of protections that law provides for you.

State laws

Most states have enacted some form of whistleblower protection. In Mississippi, the whistleblower protection law only applies to public employees. This law makes it illegal to retaliate against an employee if that employee provides information regarding an agency’s violation, or testifies to an investigative body about a violation. If an employee is terminated because of their role in an investigation, then that employee can file a civil lawsuit and be reinstated in their position, and get back pay that was lost.

Federal Statutes that contain whistleblower protection provisions

While Mississippi’s state law does nothing to protect whistleblowers employed by private corporations, there are federal laws that apply in many circumstances. The Occupational Safety and Health Administration (OSHA) oversees twenty-two statutes that contain whistleblower protections provisions. This means that an employee who reports that their employer is violating one of these statutes will be protected from retaliation from their employer. The statutes overseen by OSHA include laws intended to protect the environment and nuclear safety, such as the Clean Air Act, and the Safe Drinking Water Act, laws impact in the transportation industry, like the Federal Railroad Safety Act, and laws designed to protect consumers and investors, such as the Sarbanes-Oxley Act and the Consumer Product Safety Improvement Act.

Each of these laws includes a provision stating that employees who report that their employer was in violation of the statute are protected from termination or other retaliatory acts. There are various time limits in place in the statutes that determine how long an employee has to file a claim that their employer retaliated against them.

The Whistleblower Protection Act protects federal employees from retaliation if they report a violation of a statute, rule or regulation, a gross waste of funds, gross mismanagement, the abuse of authority, or a “substantial and specific danger to public health or safety.”

The False Claims Act contains a robust whistleblower protection provision. This law protects whistleblowers who report fraudulent acts that are committed against the federal government. This can include reporting the use of false claims to obtain payment from the government, fraudulent actions taken to avoid or reduce payments owed to the federal government.

Given the complexity of whistleblower protections laws, it is important to consult with an experienced employment law attorney in order to protect yourself and your rights.  Contact the seasoned Mississippi Whistleblower Protection Attorney at Barrett Law, PLLC today by calling (601) 790-1505 or visiting us online.

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Whistleblowing: Reporting Employer Wrongdoing

Deciding to report a wrongdoing committed by your employer can be intimidating. Many employees fear what will happen to them if they speak out, exposing the wrongful or illegal actions that are being taken by their coworkers, supervisors, and other personnel. Of course, if employees fear retaliation from their employers, they will be less likely to take the steps necessary to end the wrongful acts, or to report the employer to the entities that can hold the violating persons accountable.

In order to prevent a culture of silence, most states have some form of whistleblower protection law. These laws make it illegal for employers to take negative actions against an employee for reporting some violation of law or ethics that was committed by the employer.

Who is covered by Mississippi’s whistleblower laws?

Mississippi has a statute that prevents public employees from being retaliated against when they file a complaint with the state or participate in a public investigation of their employer. The law also provides protection for employees if they report or testify in a proceeding related to the Mississippi Vulnerable Adults Act (MVAA).

What if I am not a public employee?

Mississippi’s statute is limited in scope to public employees and violations of the MVAA. However, an employee of a private company might be protected in other ways. Under the common law of Mississippi, it is unlawful to discharge an employee for reasons that violate public policy. As a result, it is illegal to terminate employees for retaliatory reasons if the employee refused to take part in illegal activities on behalf of the employer, or if the employee reported the criminal acts of the employer.

There are also federal laws that provide protection in some situations. For example, under the Sarbanes-Oxley Act of 2002, it is illegal to retaliate against a whistleblower in cases involving securities or shareholder fraud. Employees of private companies are also shielded from retaliation for exposing their companies for defrauding the government.

When should I report my employer?

If you believe you have witnessed your employer engaging in illegal activities, or violating a company policy, you should first try to understand whether you might have misunderstood what you heard or witnessed. For instance, if your boss told you to do something that you know would be a violation, be sure that you correctly understood what you were told to do. If you believe that the orders were very clear, and definitely would constitute a violation, you may still want to question your boss or politely point out the violation that you would be committing. In some scenarios, it is possible that your boss simply did not realize that the act that they instructed you to take was not permitted.

If you are sure that you were intentionally told to do something unethical or illegal and do not believe there would be any point in discussing the situation with your boss, consider speaking with someone above your boss, or someone whose role at the company involves ethics regulations. This will likely not be appreciated by your boss, so it is good to be fairly sure that you have ruled out a misunderstanding before this point.

Reporting an employer’s legal violation can be intimidating and unnerving. If you find yourself in this position, it is a good idea to speak to an experienced employment law attorney in order to understand your rights and learn what sorts of legal protections would apply in your case.  For further information, contact the seasoned Mississippi Whistleblower Protection Attorney today at Barrett Law, PLLC.

 

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