“Whistle Blowing” is when an employee or worker tells on a company who is contravening the law. Workers who blow the whistle on their employers are guarded by law. If they're fired or otherwise retaliated against for whistle blowing, they can sue.

What Is Whistle Blowing?

To actually “Whistle Blow”, the employee must tell of the illegal act to somebody outside the company. It must be a state or law enforcement agency.

If the employee just complains to someone within the company, that isn't whistle blowing, and the employee isn't protected by the whistleblower laws. However , the worker might be protected under other laws. For instance, it isn't legal to fire somebody for complaining of sexual persecution or discrimination.

Does the Employer Need to Have Damaged the Law?

It isn't required the employer basically broke the law. The employee could be whistle blowing on something that isn't unlawful in the first place. The employee is still shielded from retaliation or termination.

However , the employee must accept that she or he is reporting a contravention of the law, and the employee’s belief must be reasonable.

How is the Worker Protected?

If the worker has reported the reportedly unlawful activity to a govt. or law enforcement agency, he or she is protected. The employer can't retaliate against the worker. The employer can't fire the employee for the whistle blowing. The employer can't mistreat the employee for whistle blowing.

This does not always mean that after whistle blowing, the worker cannot be fired for any cause. The employer can continue to treat the worker like every other employee. But the employer can't treat the worker differently thanks to the whistle blowing.

Glaringly, if the employee whistleblows on Monday and is fired on Tuesday, it implies that the worker was retaliated against for making the report.

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