Whistleblower Rights in Tennessee
Whistleblowing is the act of reporting or disclosing information that is deemed illegal, unethical, or dangerous to the public. Many whistleblowers fear retaliation from their employers, but states have enacted laws to protect them from such actions.
Tennessee is one of these states, and in this article, we will explore the laws and protections available to whistleblowers in the state.
Common Law Protections for Whistleblowers in Tennessee
Tennessee recognizes the common law right of public policy as a protection for whistleblowers. This means that an employee cannot be retaliated against if they report an employer’s illegal activities that are against public policy.
This protection is, however, limited to the specific public policy violation that the employee disclosed. Tennessee courts also recognize common law protections for employees who are discharged from work for reasons that violate the state’s constitutional provisions.
These protections can provide remedies for employees who suffer wrongful discharge.
Public Protection Act
Tennessee’s
Public Protection Act provides protections for whistleblowers who report criminal activity. This act covers whistleblowers who report illegal activities that violate federal and state criminal or civil codes.
Public safety and welfare are also protected under this act. Retaliation against a whistleblower under the
Public Protection Act can result in damages for the whistleblower, including hiring reinstatement, back wages, seniority rights, actual damages, and litigation costs.
Education Truth in Reporting and Employee Protection Act of 1989
The
Education Truth in Reporting and Employee Protection Act of 1989 protects employees who report false information to their employers. If an employee reports false information about their employer’s government spending, they are protected from adverse actions taken by their employer, like wrongful termination or other retaliation.
Discrimination
Tennessee’s laws also protect whistleblowers from retaliation based on opposing discriminatory practices. Whistleblowers who file a charge or complaint against their employer or who testify or participate in an investigation are also protected.
False Information
Employees who report false information to their employers about government spending are also protected under Tennessee Law. Employers who retaliate against whistleblowers are subject to damages, including hiring reinstatement, back wages, seniority rights, actual damages, and litigation costs.
State Employees
State employees in Tennessee are also protected from retaliation when they report violations of laws or regulations, fraud, misappropriation, endangerment, gross mismanagement, or inefficiency.
Labor
Tennessee’s
Labor Laws protect employees from retaliation for various activities, including employment termination and union affiliation. Employers who retaliate against whistleblowing employees are subject to damages, including hiring reinstatement, back wages, seniority rights, actual damages, and litigation costs.
Lawful Employment Act
Tennessee’s
Lawful Employment Act makes it unlawful for employers to retaliate against employees who report violations of state or federal laws. Additionally, employees who report unlawful retaliation or discrimination based on race, religion, sex, national origin, or age are protected.
Occupational Safety and Health
The
Occupational Safety and Health Act (OSHA) provides protections to workers who report unsafe working conditions or other conditions that are dangerous to their health. Employees who file a complaint with OSHA, institute proceedings, provide testimony, or exercise their rights under the act are protected from retaliation.
Nursing Homes
Employees of nursing homes in Tennessee are protected if they report instances of neglect or abuse to government agencies. Employers who retaliate against whistleblowers are subject to damages, including hiring reinstatement, back wages, seniority rights, actual damages, and litigation costs.
Whistleblower Retaliation Claims in Tennessee
If an employee believes they have suffered retaliation due to whistleblowing, they may file a complaint with the appropriate state or federal agency. Many of these statutes have specific deadlines for filing, so it is essential to act promptly.
Some examples of claims that whistleblowers may file include sex discrimination in wages, public protection, discrimination, and occupational safety and health violations.
Whistleblower Hotlines in Tennessee
Tennessee has two hotlines that whistleblowers can use to report violations and seek assistance. The Tennessee Human Rights Commission is responsible for investigating claims of employment discrimination.
The Tennessee Department of
Labor & Workforce Development oversees labor laws and provides resources for employees who believe their rights have been violated.
Whistleblower Retaliation and Violation Penalties in Tennessee
Employers who retaliate against whistleblowers in Tennessee can be subject to penalties and damages, including hiring reinstatement, back wages, seniority rights, actual damages, attorney’s fees, and litigation costs. The specific penalties and remedies available depend on the statutes violated.
Conclusion
Whistleblowers in Tennessee are protected by several laws, including common law protections, statutes, and constitutional provisions. These laws provide avenues for whistleblowers to report illegal, unethical, or dangerous activities without fear of retaliation.
Employees who face retaliation after whistleblowing can file claims for damages and other remedies. By knowing their rights, whistleblowers can help ensure that public safety and welfare are protected in the state of Tennessee.
Federal Whistleblower Laws
Whistleblowing is a crucial tool that serves as a safeguard against fraudulent, unethical, or illegal practices that endanger the public good. However, many whistleblowers fear retaliation from employers, which could result in job loss or retribution.
To combat this issue, laws have been enacted at the federal level to protect whistleblowers from retaliation and offer them legal remedies for any adverse actions taken by their employers. In this article, we will provide an overview of federal whistleblower protections, including subject areas covered and federal agencies involved in the process.
Overview of Federal Whistleblower Protections
Many federal laws protect whistleblowers from retaliation for disclosing information that violates federal regulations and laws. The protections under these laws vary, but they offer whistleblowers a way to disclose the wrongdoings without fear of retaliation.
The covered subject areas for whistleblower protections can be classified into three main categories: fraud, corruption, and violations of health and safety.
Fraud
Several federal laws protect whistleblowers from retaliation when reporting financial fraud, including the Sarbanes-Oxley Act of 2002 and the Dodd-Frank Wall Street Reform and Consumer Protection Act. These laws require employers to establish internal mechanisms that enable employees to report violations to the SEC.
Under these provisions, whistleblowers who disclose fraud and securities violations are protected from retaliation and may receive compensation for reporting such misconduct.
Corruption
Federal whistleblower laws also protect employees who report corruption related to federal contracts, grants, or funds. The False Claims Act, for instance, allows whistleblowers to file qui tam lawsuits against their employers for submitting false claims to the federal government.
The whistleblower may recover a percentage of the funds recovered as a result of the lawsuit. Additionally, the Foreign Corrupt Practices Act (FCPA) prohibits companies from bribing foreign officials to win or maintain business.
Whistleblowers who disclose FCPA violations can receive awards of up to 30% of any fines collected.
Violations of Health and Safety
Federal laws also protect employees who report violations of health and safety regulations. The
Occupational Safety and Health Act of 1970 (OSHA) and its subsequent amendments provide various protections for whistleblowers.
Employees may file a complaint with OSHA if their employer has retaliated against them for reporting violations of safety and health standards. The Energy Reorganization Act and the Safe Drinking Water Act also provide whistleblower protections for employees who report violations of those laws.
Federal Agencies Involved in the Whistleblower Protection Process
Multiple federal agencies are involved in the whistleblower protection process. The
Occupational Safety and Health Administration (OSHA) is responsible for enforcing whistleblower protections in various laws enforced by the US Department of
Labor.
OSHA’s Whistleblower Protection Program enforces many worker protection provisions of many federal laws, including the Sarbanes-Oxley Act, the Affordable Care Act, and the Affordable Care Act, among others. The United States Office of Special Counsel (OSC) is another federal agency that plays a critical role in whistleblower protection.
The OSC enforces the Whistleblower Protection Act (WPA), which protects employees of specific federal agencies from retaliation when they disclose information about wrongdoing, waste, fraud, and abuse. This law requires that whistleblower complaints go first through the OSC before an employee can file a lawsuit in court.
The Merit Systems Protection Board (MSPB) also provides whistleblower protection for federal employees. The MSPB has the authority to consider cases of retaliation against employees who report wrongdoing or disclose information of substance that involves violating laws, rules, or regulations of the federal government.
Conclusion
Whistleblower protections are critical in creating a safe working environment for employees who expose wrongdoings, fraud, or activity that threatens public interest. Federal laws have established channels for whistleblowers to disclose information without fear of retaliation.
These laws cover a range of subject areas, including financial fraud, corruption, and violations of health and safety. The whistleblowing process is supported by several federal agencies, including the OSHA, OSC, and MSPB, among others.
It is important to note that there are specific requirements that whistleblowers must meet to qualify for these protections. By understanding their rights and the applicable channels for reporting misconduct, employees can help promote transparency and hold wrongdoers accountable for their actions.
In conclusion, federal whistleblower laws play a vital role in ensuring employees can expose violations of federal regulations and laws without fear of retaliation. These laws cover various subject areas, including financial fraud, corruption, and violations of health and safety.
Multiple federal agencies are involved in the whistleblower protection process, including the OSHA, OSC, and MSPB. While there are specific requirements whistleblowers must meet to qualify for these protections, it is essential to understand the channels available for reporting misconduct.
Whistleblower protections further promote transparency and accountability, in turn, benefiting public interest. Let us continue to uphold these laws and encourage people to come forward with any information that may lead to the welfare of the public.