Wednesday, July 18, 2007

Who is Entitled to Protection under the Whistle Blowing Laws?

U.S. laws define a whistle blower as an employee who reports or calls the attention of proper authorities against the illegal acts that have been committed by the employer.

U.S. laws protect whistle blowers through Federal acts, related statutes and state laws, rules and regulations. The laws protect would-be whistle blowers against possible retaliation of their employers.

On account of whistle blowing, the employer cannot discharge, demote, suspend, harass or discriminate against the employee. A whistle blowing employee is entitled to sue an employer, who retaliates against his or her righteous action, for damages.

However, not all employees are protected by whistle blowing laws. To be protected under such laws, an employee must report the alleged illegal activities of the employer to the proper government agency or police authority.

If the employee whistle blows within the company, the employee is strictly not protected by whistle blowing laws. However, he can still be protected from retaliation under public policy and fair and just dealings with employee.

However, even if the employee is mistaken in believing that the employer committed an illegal act when, in fact the latter did not, the employee can still be protected from retaliation. So long as the employee honestly believes that the employer is committing a wrongful act, the whistle blowing laws protects the employee.

Remember, if you are an employee who committed a selfless act of whistle blowing and felt that your employer is retaliating against you because of your actions, you have to file claims against your employer for the violation of whistle blowing laws. If you are based in California, particularly, seek the expert legal assistance of expert employment lawyers in the Mesriani Law Group based in California to help you.