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What Are Whistleblowers?
Whistleblowers are individuals who reveal wrongdoing by employers or other employees to government agencies or law enforcement. They typically do so without authorization, revealing private or classified information about an organization related to misconduct. Motivated by a commitment to the public interest, whistleblowers play a vital role by exposing unethical, illegal, or unsafe practices within organizations. These individuals often face retaliation in the form of harassment, demotion, job loss, or other consequences. Both federal and Ohio laws provide specific legal protections for whistleblowers.
What Is the Purpose of Whistleblower Protections?
Whistleblowers play a crucial role in safeguarding the public interest. Protections for whistleblowers under the law are designed to encourage individuals to report misconduct and wrongdoing without fear of retribution. Specific statutes protect employees who report health and safety threats, public policy violations, and illegal activities. Depending on the type of misconduct they report and the employer’s industry, whistleblowers in Ohio may be afforded protections under both state and federal laws.
What Is Ohio’s Whistleblower Protection Law?
Ohio Revised Code Section 4113.52 is commonly known as the Ohio Whistleblower Protection Act. This state law establishes protections for employees who report illegal activities or violations of public policy and applies to all employers in Ohio, whether private or public. The act outlines specific reporting requirements for whistleblowers to become eligible for protection. The following are among the act’s key provisions:
- Protected disclosures: Employees protected under the Ohio Whistleblower Protection Act are those who report criminal offenses, violations of state or federal laws, and activities that endanger public health or safety. For whistleblowing employees to be protected, the reported activity must pose a significant threat to public safety (such as environmental hazards or dangerous working conditions) or constitute a clear violation of law.
- Good faith requirement: To qualify for protection under ORC Section 4113.52, a whistleblower must report the activity in “good faith,” meaning the employee must reasonably believe that the activity reported is illegal or threatens public health or safety. Bad faith or frivolous reports are not protected under the law.
- Reporting procedures: A whistleblowing employee must follow a specific reporting procedure to be protected under this act. Initially, employees must report the illegal activity or public safety concern in writing to a supervisor or designated compliance officer with enough detail to enable the employer to investigate the matter and take corrective action. If the employer fails to address the problem within 24 hours, the employee may report the violation to the appropriate government or regulatory agency.
- Prohibitions against retaliation: Employers are prohibited from retaliating against employees who report violations of the law in good faith, provided the whistleblower has followed the proper reporting procedures. This prohibition applies to retaliation in various forms, including withholding salary increases or benefits, demotion, denying a promotion that would have been received otherwise, transferring or reassigning the employee, and suspension or termination of employment.
What Federal Statutes Protect Whistleblowers?
Certain federal laws cover specific industries and types of wrongdoing, providing additional protections for whistleblowers. Key federal whistleblower protection statutes include the following:
- Sarbanes-Oxley Act (SOX): Employees of publicly traded corporations are protected from retaliation for reporting violations of securities laws or fraud under this act. It covers individuals who report accounting irregularities, financial fraud, and other illegal activities that affect shareholders. This federal act was passed in 2002 in response to accounting scandals in the early 2000s.
- Occupational Safety and Health Act (OSHA): Passed in 1970, OSHA is designed to ensure safe and healthful working conditions and work environments free from recognized hazards likely to cause serious physical harm or death to employees. It provides whistleblower protections for employees who report safety violations in the workplace.
- False Claims Act: This federal whistleblower law allows private individuals to report and prosecute fraud against government programs. Under the False Claims Act, private citizens can file “qui tam” (which literally means “in the name of the King”) lawsuits on behalf of the government against persons who have defrauded it and receive a portion of the government’s recovery. This law also protects the whistleblower from retaliatory acts.
What Remedies Are Available for Whistleblowers Facing Retaliation?
An employee who suffers retaliation for reporting illegal activities or public safety violations has recourse under Ohio law through a lawsuit against the employer. Remedies available to whistleblowers may include:
- Reinstatement to a former position for an employee who was wrongfully terminated or demoted
- Back pay – recovery of all wages and benefits lost due to retaliation, including any reduction in hours or salary
- Compensatory damages for the harm caused by the employer’s retaliatory actions, such as emotional distress and pain and suffering
- Punitive damages if the employer’s conduct was particularly egregious
- Attorney fees and legal costs incurred in pursuing a successful claim
How Important Is Legal Representation for Whistleblowers Facing Retaliation?
If you believe you have been retaliated against for whistleblowing in Ohio, consulting an experienced employment law attorney is the next step. Our seasoned employment lawyers at Watson Kuhlman, LLC can advise you of your legal rights and options and help you navigate the complexities of state and federal whistleblower laws. We are dedicated advocates with the legal knowledge and skills to protect your rights and aggressively pursue the remedies to which you are entitled. Contact us at 216-208-7858 to schedule a free consultation.
