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 Massachusetts, whistleblowers are protected under both 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 information about potential violations from retaliation. Under this act, whistleblowers must provide evidence to support their claims and can face legal consequences for false allegations. Additionally, employees in the consumer product industry are shielded by federal law (15 U.S.C. §2087) from employer retaliation when they report violations of consumer product safety laws. Massachusetts state law also provides protections for whistleblowers, including those who report violations of state or federal laws, fraudulent billing to government entities, gross mismanagement of contracts or grants, waste of funds, abuse of authority, or threats to public health or safety. These laws ensure that employees can report misconduct without fear of reprisal, thereby promoting transparency and accountability within organizations and government entities.