Safeguarding The Interest Of
Whistleblowers
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The laws that are based on the Whistleblower Protection Act
are designed to safeguard the interest of informants employed
by the Federal government. Whistleblowers are well meaning
people who sense or witness an impropriety in the work place
and take it upon themselves to report the matter to the
relevant authorities. The offence in question can fall into a
number of categories, either outright theft of money and
property, receiving goods and services in exchange for favors,
laziness, inefficiency and even physical or sexual
harassment.
Increasingly more, government authorities, under increasing
scrutiny, are encouraging their employees to blow the whistle
on any of these unacceptable practices, and provide them with
all the protection they require under the terms of the act
which is imposed by the U.S. Office of Special Counsel.
Apart from the principal Whistleblower Protection Act, there
is also a long list of federal laws protecting workers from
retribution or any other form of unlawful treatment. These sub
sections generally relate to state and local laws.
Any government employee considering reporting an offence,
should seek legal advice in their own state, as the
circumstances very according to which state the complaint is
made in and pertains to. For these reasons, whistleblowers are
strongly recommended to carry out as much initial research as
possible before consulting and hiring an experienced labor
attorney, accustomed to representing plaintiffs. Before
reaching the whistleblowing stage, an experienced Qui tam
attorney, and a legal term describing whistle blower claim
should advise their clients to gather and understand the
implications of their act and be fully aware of the terms and
conditions regarding the protection provided by a whistle
blower law or a like provision in another law.
Any federal agency is deemed to have violated the
Whistleblower Protection Act if they take any form of personnel
action or discrimination against any employee as a result of
any disclosure of information given by the employee that they
reasonably believe evidences a violation of a law, rule or
regulation; gross mismanagement; gross waste of funds; an abuse
of authority; or a substantial and specific danger to public
health or safety.
Depending upon the circumstances of the case
discrimination can include:* Dismissal; * Suspension;
* Demotion; * Denial of overtime; * Denial of merited
promotion; * Unjustified disciplinary action; * Denial of
benefits; * Failure to hire or rehire; * Intimidation; *
Reassignment affecting prospects for promotion; and * Reducing
hourly rate or hours that can be worked.
Any informant who feels that they are being discriminated
against is entitled to the full protection of the law. If the
claims of discrimination are found to be true, the plaintiff
will be entitled to receive substantial compensation.
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