Whistleblower Protections Under North Dakota Laws
When an employee exposes illegal or unethical activities in their workplace, they are known as whistleblowers. Whistleblowers are often confronted with retaliation for their actions, including termination, demotion, and harassment.
Fortunately, North Dakota’s laws provide protections for whistleblowers that aim to protect them from such retaliation. This article delves into the different types of whistleblower protections available in North Dakota.
Common Law Protections for Whistleblowers in North Dakota
Common law is a set of legal principles that are derived from court cases and legal traditions instead of legislation. In North Dakota, the courts have established common law protections for whistleblowers who have been wrongfully discharged for reasons that violate public policy.
If an employee is fired for reporting illegal activity in their workplace, it could be classified as a wrongful discharge that violates public policy. In such cases, the employee may file a lawsuit against their employer.
The employee may also be able to recover damages for lost wages, emotional distress, and other damages resulting from the unlawful discharge.
Statutory Protections
Federal and state laws also provide specific protections for whistleblowers. Some of the laws with protections for whistleblowers in North Dakota include:
Reporting Violations: The North Dakota Century Code 12.1-15-02 provides protections for employees who report illegal activities, including violations of environmental regulations.
Discrimination: The North Dakota Human Rights Act also protects whistleblowers from retaliation on the basis of race, sex, age, disability, and other protected classes. Vulnerable Adults: Whistleblowers who report abuse or neglect of vulnerable adults are protected by law in North Dakota.
Smoking: The North Dakota Century Code prohibits retaliation against employees who file a complaint regarding violations of smoking regulations in the workplace. Workforce Safety and Insurance: The North Dakota Administrative Code provides protections to employees who report workplace safety violations.
Wages and Hours: North Dakota labor law provides protections for employees who report wage violations, including retaliation by employers.
Whistleblower Retaliation Claims in North Dakota
Retaliation against whistleblowers is illegal, and North Dakota laws provide specific remedies for whistleblowers who face retaliation. If an employee believes they have been retaliated against, they can file a complaint with the North Dakota Department of Labor and Human Rights.
The employee must file the complaint within 300 days after the retaliatory action. Alternatively, they can file a lawsuit in court.
The North Dakota Administrative Code specifies complaint procedures for whistleblowers. The employee must make the complaint in writing, which should include the facts of the case and the reasons why the employee believes they have been retaliated against.
The complaint must be submitted to the department within one year of the retaliatory action. The department will then investigate the allegation, and if it is determined that retaliation has occurred, the employer may face penalties.
There are also whistleblower hotlines in North Dakota that employees can use to report violations of the law or unethical behavior. The North Dakota Department of Labor and Human Rights provide a hotline for whistleblowers to report civil rights violations, including retaliation.
The whistleblower’s identity will remain confidential.
General Whistleblower Protection in North Dakota
In North Dakota, whistleblowers have a number of protections that are designed to protect them from retaliation. These protections include:
Retaliation and Violation Penalties: Employers who retaliate against employees may be required to provide reinstatement, back pay, and damages.
Employers may also face injunctive relief and litigation costs. Retaliation against whistleblowers could also lead to a misdemeanor charge.
Complaint Procedures: Complaints must be made in writing and submitted to the North Dakota Department of Labor and Human Rights either online or in person. Complaints must be filed within one year.
Hotlines: The North Dakota Department of Labor and Human Rights has a hotline that employees can use to report illegal activities or violations of their rights.
Conclusion
Whistleblowers play an essential role in maintaining ethical and legal practices in the workplace. North Dakota’s laws aim to protect whistleblowers from retaliation by providing common law and statutory protections.
Employees who suspect illegal or unethical activity in their workplace should be aware of their rights and legal options available to them. Contacting a qualified attorney can also offer further guidance on how you can best handle a whistleblower claim.
Whistleblowers in North Dakota are protected by common law principles, state, and federal laws from retaliation for reporting illegal or unethical activities in the workplace. Possible retaliation could result in a lawsuit, lost wages, and emotional distress.
Complaint procedures and hotlines are in place for whistleblowers to report violations of the law or unethical behavior, with the North Dakota Department of Labor and Human Rights offering a hotline. Employers who retaliate against an employee may face severe penalties.
Whistleblowing takes courage, but it is crucial in maintaining ethical and legal practices in the workplace. Remember, always seek the guidance of qualified attorneys.