Whistleblower laws are designed to protect individuals who report misconduct, illegal activities, or wrongdoing within an organization, whether it is a government entity or private company. In the U.S., whistleblower protections can be found in multiple federal and state laws depending on the context such as workplace safety, financial fraud, and government corruption. Whistleblowers are offered protection from retaliation such as termination, harassment, or blacklisting, provided the disclosure is made in good faith and is related to a violation of law or public interest.
Key Federal Whistleblower Laws
The Whistleblowers Protection Act (WPA) of 1989 shields federal employees from retaliation (termination, demotion, harassment, etc.) when they disclose gross mismanagement, abuse of authority, or violations of law.
Sarbanes-Oxley Act (SOX) of 2002 is aimed at corporate whistleblowers, protecting employees of publicly traded companies who report fraud or SEC violations. An employee who suffers retaliation for reporting violations of law may be awarded reinstatement, back pay, and damages.
Dodd-Frank Act of 2010 goes further in the financial sector by offering rewards of up to 30% of monetary sanctions if a whistleblower’s information leads to substantial enforcement action.
The False Claims Act is often tied to government fraud (like overbilling Medicare) where whistleblowers file “qui tam” lawsuits on behalf of the government and share in the recovered funds.
Protection for Wisconsin Employees
Wisconsin has several laws in place to protect employees who report illegal, unethical, or dangerous activities in the workplace. The whistleblower protection offered depends on the type of employee and the nature of the disclosure:
State Employee Whistleblower Protections covers employees of the state of Wisconsin, with a few exceptions such as employees working in the governor’s office, courts, and legislature. Protected activities include disclosures about violations of state or federal law, rules, or regulations; mismanagement or abuse of authority in state or local government; substantial waste or public funds; or dangers to public health or safety. To be protected, it is recommended that a whistleblower work directly with an experienced whistleblower attorney.
Health Care Worker Protections covers employees of health care facilities or providers who report violations of state of federal laws, rules, regulations, clinical or ethical standards, or risks to public health and safety within a health care setting, Health care employers are prohibited from disciplining or threatening employees who make reports.
Public Policy Exception to At-Will Employment recognizes that employers cannot fire employees for reasons that violate a fundamental public policy such as refusing to break the law or fulfilling statutory duties to report wrongdoing.
Other protections include the Elder Abuse Reporting Act; the Fair Employment Act which protects employees for retaliation for reporting discrimination practices or participating in proceedings under discrimination law; Federal Overlap Protections for Wisconsin whistleblowers that report under federal False Claims Act or Sarbanes-Oxley Act.
Contact an Experienced Whistleblower Attorney
When you have knowledge of misconduct, illegal activities, or wrongdoing within your organization and have questions regarding federal and state whistleblower protection laws, contact the employment Law Offices of Alan C. Olson & Associates for immediate assistance at 262-785-9606.
