Oracle Tips by Burleson

Whistleblower Laws

Whistleblower laws make it illegal for employers to alter the employment status of an employee or otherwise discriminate against one who has performed a legal act on behalf of the employer or others for certain purposes. For example, if an employee has been subpoenaed by a government agency to testify against the employer, it is unlawful for the employer to retaliate against the employee with actions such as reassignments, demotions, lowering their compensation, terminations, or any other discriminatory practice that is employment-related.

These whistleblower laws exist at both the Federal and State levels. Federal whistleblower laws are administered by the Department of Labor and complaints are filed either with the Occupational Safety and Health Administration or with the Equal Employment Opportunity Commission in some instances.

The statute of limitations in most cases for retaliatory claims related to whistle-blowing is six years. Plaintiffs should be careful though not to delay notification of government agencies since some Federal laws have statute of limitations as short as 30 days from the day of the retaliatory action.

Employees who are the victims of retaliatory termination may be entitled to reinstatement in their former job, twice the back pay plus interest, damages due to discrimination, and attorney costs.

The above book excerpt is from:

You're Fired! Firing Computer Professionals

The IT manager Guide for Terminating "With Cause"

ISBN 0-9744486-4-8

Robert Papaj 

http://www.rampant-books.com/book_2005_1_firing.htm