| It was not until 1986 when a law protecting | | | | evidentiary hearing that may take place.A |
| whistleblowers is made. Congress added an | | | | whistleblower should not attempt to delay an |
| anti-retaliation protection to the then | | | | investigation of the possible legal remedy. |
| existing False Claims Act.A whistleblower is | | | | To maintain this ruling, the retaliation |
| a person who tells on something he believes | | | | should then be brought to the attention of an |
| is an illegal act. The employees are the most | | | | appropriate government official within 30 |
| commonly known whistleblower. They tell on | | | | days, else the complaint could not be |
| their employers which they suspect is doing | | | | pursued.Most states have some sort of |
| or committing an illegal act.Under the | | | | statutory or common law "whistleblower" or |
| Whistleblower Protection Law, the employee | | | | anti-retaliation laws. Like the federal |
| should not be discharged, denoted, suspended, | | | | whistleblower laws, not every lawyer will |
| threatened or harassed in any form that | | | | know about these laws, especially laws |
| discriminates the terms and conditions of his | | | | outside their own state.These states and the |
| employment because of the legal act done by | | | | District of Columbia have recognized a public |
| the employee.The employee may be of aid in | | | | policy exception to the "employment at will |
| many ways possible on the investigation, | | | | doctrine": Alaska, Arizona, Arkansas, |
| testimony and the likes. However there are | | | | California, Colorado, Connecticut, Florida, |
| some constraints under the whistleblower | | | | Hawaii, Idaho, Illinois, Indiana, Iowa, |
| protection law.Reporting illegal acts that | | | | Kansas, Kentucky, Louisiana, Maine, Maryland, |
| are only within the company is a ground for | | | | Massachusetts, Michigan, Minnesota, Missouri, |
| exemption. But still there may be public | | | | Montana, Nebraska, Nevada, New Hampshire, New |
| policies that could protect the employee from | | | | Jersey, New Mexico, North Carolina, North |
| retaliationIf it turns out that an employer | | | | Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, |
| didn't actually break a law, the employee is | | | | Rhode Island, Tennessee, Texas, Vermont, |
| still entitled to whistle blower protection | | | | Virginia, Washington, West Virginia, |
| from retaliation, if he reasonably believed | | | | Wisconsin and Wyoming.Some states have |
| that the employer committed an illegal | | | | explicit statutory protections for |
| act.The whistleblower protection law does not | | | | whistleblowers. These include: California, |
| cover employer retaliation for complaints | | | | Connecticut, Delaware, Florida, Hawaii, |
| about personal loathe. Office politics is not | | | | Louisiana, Maine, Michigan, Minnesota, |
| to be used as a basis for filing a complaint | | | | Montana, New Hampshire, New Jersey, New York, |
| against the employer and use the | | | | North Carolina, Ohio, Oregon, Rhode Island, |
| whistleblower protection for personal gain.In | | | | Tennessee, and Washington.There are also |
| order for the employee to be protected from | | | | state laws that offer special protections |
| employer retaliation, he may the have a | | | | just for their own state or local government |
| suspected desecration of any Federal Law. But | | | | employees: Alaska, Arizona, California, |
| the supposed violation should have provisions | | | | Colorado, Connecticut, Florida, Georgia, |
| that the law violated will protect | | | | Hawaii, Illinois, Indiana, Iowa, Kansas, |
| whistleblowers.The Whistleblower Federal Law, | | | | Kentucky, Louisiana, Maine, Maryland, |
| unlike the False Claims Act, allows the | | | | Massachusetts, Minnesota, Missouri, Montana, |
| whistleblower to file a lawsuit in a federal | | | | Nevada, New Hampshire, New Jersey, New York, |
| court. The Federal Whistleblower Law does not | | | | North Carolina, Ohio, Oklahoma, Oregon, |
| permit the whistleblower to go directly to | | | | Pennsylvania, Rhode Island, South Carolina, |
| the court.The individuals concerned are | | | | South Dakota, Tennessee, Texas, Utah, |
| pursued administratively. These individuals | | | | Washington, West Virginia and Wisconsin.James |
| concerned could file a complaint or charge to | | | | Monahan is the owner and Senior Editor of |
| retaliate with or without a lawyer to | | | | |
| represent them. However if the case is not | | | | and writes expert |
| resolved immediately, the administrative law | | | | |
| judge may then preside over the only | | | | articles about whistleblowers. |