The Whistleblower Act forbids retaliation against public employees who report official wrongdoing. Employees facing retaliation must follow certain procedures in order to be protected. The Office of the Attorney General cannot file suit to enforce people's rights under this law, the people themselves must initiate action. The act states that a state or local governmental body may not suspend or expel the employment of, or otherwise differentiate against, a public employee who reports a violation of the law to an appropriate law enforcement authority, if the employee report is made in good faith. A public employee who reports a desecration of law and was the target of retaliation or discrimination meets the law's requirements. On having exhausted all appeals the employee may file suit against a state or local governmental body for damages and/or reinstatement, lost wages, costs, and legal fees. Before taking action under the Whistleblower Act certain sets of requirements need to be followed. It is on this basis that a person is entitled to claim protection and compensation. The action taken must be by a public employee. A public employee is "any person who carries out services for compensation, under a written or oral contract for a state or local governmental body." A self-governing contractor is not a public employee. Apart from this, the employee must have reported, in good faith, what was believed to be a desecration of a federal or state law, a local government decree, or a rule adopted under a law or a decree. The desecration should be reported to an authority the employee believes has the "powers and obligation sufficient to induce obedience" to what the law requires in that specific case whether the authority is civil or criminal. It is also required the employee has been "suspended, expelled, or discriminated against" for reporting the violation. The basic purpose of this act is to safeguard the interests and rights of the employees who have been honest enough to blow the whistle on a scam or wrongdoing. |
