Human Resource Blog

Whistleblower Protection Act and Protected Activities

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We are putting together a handbook for our Minnesota company and want to let our employees know about the Whistleblower Protection Act. I know there are some things that employees can do that are protected under the Act. What are they?

The Whistleblower Protection Act (WPA) is an Act that is in place in order to encourage all federal employees to report any government and agency misconduct. The Act bars those federal agencies from retaliating against employees, former employees and job applicants that have disclosed information that they believe is in violation of a law or regulation. Employees, candidates, and former employees are also protected if they want to address any issues of mismanagement, fund wasting, abuse of any authority or if a company does something that the employee believes is a danger to the public.

When it comes to the protected activities that your employees can engage in according to the WPA, the following eight are determined by the court to be protected:

1. Your employees can file discrimination charges with the Equal Employment Opportunity Commission or any state human rights agency.
2. Your employees can file unfair labor practice charges with the National Labor Relations Board or with a state agency.
3. Your employees can file a Workers’ Compensation form.
4. Your employees are legally allowed to also file a complaint with the Occupational Safety and Health Administration regarding any safety hazards or if they are punished for refusing an assignment based on its safety.
5. Your employees may engage in lawful union activities.
6. Your employees may file for equal pay or wage violations.
7. Your employees are allowed to oppose or criticize policies that violate antitrust or consumer protection laws.
8. Your employees can also report fraud, corruption and other lawbreaking activities.

If you discharge an employee, then it is up to the employee to prove that he or she was discharged wrongfully and that the following events occurred: A protected disclosure was made by the employee, the employer was aware of the disclosure, retaliation resulted from the disclosure, and, finally, there was a clear connection between the retaliation and the termination of the employee.

CB