What is Whistleblowing?

If employees notice that their employers are behaving illegally, they may find themselves in a difficult position. In such cases, the worker has a tough decision to make. Reporting an employer can be an extremely daunting prospect, especially since this action poses the potential of severing a professional relationship and spurring retaliatory actions. The act of filing a report against a fellow employee or employer for misconduct is known as “whistleblowing.” Even though a whistleblower is protected by law, many shy away from taking this action because they fear the ramifications they may face.

Protective Legislation

Many employees may not be aware of state and federal legislation that has been passed in order to protect whistleblowers from retaliation, including:

• Civil Service Reforms Act: Protects government employees from retaliation in response to reporting misconduct
• False Claims Act: Allows private individuals to sue governmental contractors who are believed to be using government funding in a fraudulent manner
• The Whistleblower Protection Act of 1989: Protects whistleblower’s rights to disclose information and refuse to engage in illegal activities at work
• The Sarbanes-Oxley Act: Extended the protection and rights of whistleblowers to all workers of “publically traded companies”

Employees with complaints about workplace practices or treatment may file their complaints with the Equal Employment Opportunity Commission (EEOC) or the Occupational Safety & Health Administration (OSHA), both of which are governmental agencies set in place to create fair and safe work environments.

Contact Us

If you would like to learn more about whistleblowing and your workplace rights, the San Antonio employment lawyers of Melton & Kumler, LLP can help you. Contact our offices today at 800-681-6932 to speak with one of our experienced attorneys about your situation.