State and federal statutes protect employees who report evidence of fraud or wrongdoing from retaliation. These employees who alert government authorities to wrongdoing are sometimes referred to as whistleblowers and the laws that protect them from retaliation are known as whistleblower laws.
For example, the Whistleblower Protection Act of 1989 is a federal statute that protects federal government employees who report possible wrongdoing from retaliation. See 5 U.S.C. §2302(b)(8). Whistleblowers are required to submit information and documents to support their claims, and may be subject to criminal prosecution for making a false claim.
And employees of manufacturers, private labelers, distributors, and retailers are protected from retaliation by their employers for disclosing activities related to the violation of the federal consumer product safety law. See 15 U.S.C. §2087.
Whistleblower laws vary from state to state and in the federal system—and with the nature of the wrongdoing or illegal activity reported—but generally involve the protected disclosure by an employee of:
• the violation of any state or federal law, rule, or regulation;
• fraudulent billing of a state or federal governmental entity for goods or services;
• gross mismanagement of a state or federal contract or grant;
• gross mismanagement;
• gross waste of funds;
• abuse of authority;
• substantial and specific danger to public health or safety.
In Delaware, as in other states, whistleblowers are protected under various state and federal statutes when they report evidence of fraud or wrongdoing. The Whistleblower Protection Act of 1989 is a key federal law that safeguards federal employees who disclose wrongdoing from retaliation. Under this Act, whistleblowers must provide evidence to support their claims and can face legal consequences for false allegations. Additionally, employees involved with consumer products are protected under federal law (15 U.S.C. §2087) from employer retaliation when they report violations of consumer product safety laws. While specific protections can vary, whistleblower laws generally cover the reporting of illegal activities, fraud against government entities, gross mismanagement, waste of funds, abuse of authority, and actions that pose a danger to public health or safety. It's important for employees in Delaware to understand both state and federal protections when considering reporting wrongdoing.