What Does It Mean to Be a Whistleblower?

Many people have heard the term “whistleblowing” used in reference to workplace discrimination claims, and in connection with employers taking unlawful actions against employees who report crimes. But what does whistleblowing mean specifically in relation to state and federal law, and who is a “whistleblower” with certain legal protections according to state and federal law? According to the National Whistleblower Center, a whistleblower is “someone who reports waste, fraud, abuse, corruption, or dangers to public health and safety and to someone who is in the position to rectify the wrongdoing.” The National Whistleblower Center further clarifies that a whistleblower “typically works inside of the organization where the wrongdoing is taking place.”

That general definition can help you to understand how laws have been created to protect whistleblowers and what protections you could potentially have, but if you are considering reporting any kind of incident or situation that could provide you with whistleblower protections, it is important to talk with an attorney to get clarity. In the meantime, we can tell you more about whistleblowing under Florida state and federal law.

Whistleblowing Laws as Anti-Retaliation Laws 

Generally speaking, whistleblowing laws, or whistleblower protection laws, are anti-retaliation laws. Accordingly, as a whistleblower, these laws can provide protections against retaliation if you have reported certain unlawful or harmful workplace practices or circumstances.

What this means is that, as a whistleblower, your employer cannot take any adverse actions against you for engaging in whistleblowing, and those adverse actions that are prohibited include but are not limited to:

• Firing you;
• Demoting you;
• Reducing your pay;
• Giving you an unappealing schedule or work hours;
• Denying you certain benefits; or
• Engaging in unequal and excessive oversight of you.

State and Federal Laws on Whistleblowing 

What it technically means to be a whistleblower — and to be protected by an existing whistleblowing law — will depend on the specific law. When it comes to federal law, there are anti-retaliation protections for whistleblowers connected to various agencies, such as specific provisions for employees who report violations of workplace health and safety laws enforced by the Occupational Safety and Health Administration (OSHA), or provisions for employees who report violations of laws enforced by the US Department of Justice. Some of these provisions pertain specifically to certain federal government employees, while some are broader.

A protected whistleblower in Florida, under the Florida Whistle-blower’s Act, is “any person applying for work or working for a state agency who has been retaliated against for disclosing protected information.”

In order to determine whether you have protections under any existing whistleblower laws or provisions, or potentially under other state or federal laws, it is important to discuss the details with an employment law attorney in South Florida.

Contact a Palm Beach Gardens Whistleblower Lawyer 

If you have any concerns about whistleblowing and your rights in your workplace, or if you need help filing a retaliation claim under existing whistleblower laws, our firm is here to assist you. Contact an experienced Palm Beach Gardens whistleblower attorney at Sconzo Law Office today to discuss the details of your case and to ask any questions you have.

Sources:

fchr.myflorida.com/whistle-blowers-act

whistleblowers.gov/whistleblower_acts-desk_reference

oig.justice.gov/hotline/whistleblower-protection