Whistleblower Protection
Often, the question is asked, “what is a whistleblower?” Put simply, a whistleblower is a person who reports to an authority within the organization or a governing agency about on-going or past waste, fraud, abuse, corruption, breach of national security, and dangers to public welfare. Usually, the whistleblower is within the organization, but they can also be informants outside the entity. The whistleblower often conveys information about wrongdoing that would otherwise not be disclosed.
General Information
In the U.S., dozens of laws have been enacted at the Federal, state, and local levels to protect whistleblowers from retaliation. Some of the laws span across different subject matter areas, which include the protections within the False Claims Act, Clean Air Act, Sarbanes Oxley Act, Nuclear Regulatory Commission, Antarctic Conservation Act, Affordable Care Act, as well as the Whistleblower Act that the Occupational Safety and Health Administration (OSHA) enforces. The varying laws have different time periods to file a claim, from 30 days to 180 days.
What is Retaliation?
OSHA defines retaliation as “when an employer (through a manager, supervisor, or administrator) fires an employee or takes any other type of adverse action against an employee for engaging in protected activity.” Retaliation harms individual employees and can harm the morale of the organization.
What is an adverse action? An adverse action is an act performed by a person that would dissuade a reasonable employee from raising concerns about a possible unlawful violation or other activity. The adverse action can be overt, such as a demotion, intimidation, harassment, or firing; or more subtle, such as isolating, ostracizing, mocking, or falsely accusing the employee of poor performance.
Who is covered by whistleblower protections? Employers are prohibited from retaliating against employees, and these protections include both full-time, part-time, and temporary workers.
Arizona’s Whistleblower Protections
The state of Arizona has its own whistleblower protections in addition to those covered by Federal law. Called the Arizona Employment Protection Act (“AEPA”), found at A.R.S. § 23-1501, the law is an exception to the “at-will employee” rule because it stops an employer from firing an employee for retaliation stemming from reporting on illicit behavior that violated or will violate the Constitution of Arizona or laws of Arizona. The state is an “at-will” employment state, so employers can terminate an employee at any time for any reason (or none at all) unless specifically prohibited by statute, contract, or constitutional provision. The AEPA only covers employee discharges, not other forms of retaliation. While not as broad as Federal protections, Arizona’s whistleblower protection law protects employees from such retaliation as well as any threats to their families. The state has a strong public interest in protecting its people from unsafe and illegal actions done by employers.
​
If you recently reported on illegal, unsafe, or unethical behavior by your employer and they retaliated against you, your whistleblower rights may have been violated. Contact an attorney who can evaluate your case.
We offer one-on-one consultations with an experienced Arizona employment lawyer and specialized knowledge of federal, state and local laws. To schedule a consultation with an employment discrimination lawyer, contact our office today.
An employee that reports on wrongdoing at their place of employment to a superior is a legally-protected whistleblower. If their employer fires them as a response, then that act is retaliation which is not permitted by law. There are different statutes of limitations for whistleblower claims depending on the law the employer violated. If you think you may have a whistleblower retaliation claim, speak with an employment attorney quickly to make sure you don’t miss any deadlines.
Q&As
Whistleblower
Q: What is a whistleblower? A: A whistleblower is a person who has insider knowledge and reports fraudulent, unethical or illegal activity occurring in a private or public organization. Where the report is made depends on the type of activity or information being reported. Once a report is made, the agency entrusted with the report conducts an investigation and, if applicable, takes any action necessary to stop the misconduct and seek appropriate remedies from the person or business engaged in the misconduct.
Q: What laws protect whistleblowers? A: There are several types of whistleblower laws designed to protect individuals who report illegal, unethical, or unsafe activities. These laws vary depending on the type of wrongdoing being reported and the jurisdiction. Here are some key types of whistleblower laws: Whistleblower Protection Act (WPA): Protects federal employees from retaliation for reporting violations of law, rule, or regulation within the government. Sarbanes-Oxley Act (SOX): Protects employees of publicly traded companies who report fraud or violations of securities laws, including financial misconduct. Dodd-Frank Wall Street Reform and Consumer Protection Act: Offers protections and incentives for whistleblowers who report securities violations to the Securities and Exchange Commission (SEC) or the Commodity Futures Trading Commission (CFTC). False Claims Act (FCA): Encourages individuals (known as "relators") to report fraud against the federal government, particularly related to healthcare, defense, and government contracts. Whistleblowers can receive a percentage of the funds recovered from the fraud. Occupational Safety and Health Administration (OSHA) Whistleblower Protections: OSHA provides protections for employees who report violations of workplace safety regulations. This applies to both private sector workers and government employees. Clean Air Act, Clean Water Act, and other environmental laws: These laws protect employees who report violations of environmental regulations. Whistleblowers may be entitled to legal remedies if they face retaliation for reporting pollution, unsafe environmental practices, or violations of conservation laws. HIPAA (Health Insurance Portability and Accountability Act): Protects whistleblowers in the healthcare industry, particularly those who report violations related to patient privacy and data security. Medicare and Medicaid Fraud: Whistleblowers who report fraudulent billing or violations within healthcare programs may be protected under laws like the False Claims Act. Equal Employment Opportunity Commission (EEOC): Protects employees from retaliation for reporting discrimination or harassment under federal laws, including Title VII of the Civil Rights Act. Fair Labor Standards Act (FLSA): Protects whistleblowers who report wage and hour violations. State-Specific Whistleblower Protection Laws: Many states have their own whistleblower laws that protect employees from retaliation for reporting illegal activities, safety violations, or ethical concerns within private or public organizations. These laws often cover areas such as workplace safety, environmental protection, and consumer rights.
Q: Do whistleblowers receive financial compensation? A: In some cases, yes. Several U.S. laws provide financial rewards for whistleblowers whose disclosures lead to successful government enforcement actions. Factors that can determine how much a whistleblower receives include: the level of detail and originality of the information provided by the whistleblower; the whistleblower’s involvement in the investigation and litigation process; and the speed and success of the government’s recovery efforts
Q: What kind of employer retaliation are whistleblowers protected from? A: Employers cannot take adverse action against whistleblowers such as termination, demotion, harassment, reduction in pay or hours, withholding of benefits, denial of promotion, etc.
Q: Can a whistleblower report anonymously? A: In many cases, workers can protect their anonymity, but how anonymous a worker remains can depend on the type of claim and the law under which it is filed. For example, those filing a claim under the False Claims Act ("FCA") are initially anonymous. However, if the government decides to intervene in the case, the complaint is unsealed and the whistleblower's identity may become public. For claims under the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC), there are significant protections to help whistleblowers remain anonymous and they can even receive an award for the report without ever disclosing their identity.
We Protect Arizona Employees’ Rights
At Robinson Law Offices, we believe that every Arizona employee has the right to be free from discrimination in the workplace. That’s why we pride ourselves on our commitment to protect workers and their jobs from illegal practices.​
We offer one-on-one consultations with an experienced Arizona employment lawyer and specialized knowledge of federal, state and local laws. To schedule a consultation with an employment discrimination lawyer, contact our office today.​​