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 Ohio, whistleblowers are protected under both state and federal statutes when they report evidence of fraud or wrongdoing. Ohio Revised Code Section 4113.52, also known as the Ohio Whistleblower Protection Act, provides protection to employees who report violations of state or federal laws, rules, or regulations, as well as other instances of wrongdoing such as fraudulent billing of governmental entities, gross mismanagement, waste of funds, abuse of authority, or dangers to public health or safety. This protection extends to preventing employer retaliation in the form of adverse employment actions. At the federal level, the Whistleblower Protection Act of 1989 shields federal employees who disclose wrongdoing, and specific statutes like 15 U.S.C. §2087 protect employees in the consumer product industry from retaliation for reporting legal violations. Whistleblowers are encouraged to provide supporting information for their claims and must be aware that false claims can lead to criminal prosecution. The scope of protection and the process for reporting can vary, so it is important for potential whistleblowers to understand the specific legal framework that applies to their situation.