WHISTLEBLOWER LAWS

Protections for employees who step forward to speak out about unsafe or unlawful employer activities, or “blow the whistle,” have increased.  There are federal and North Carolina laws that protect some whistleblowers from unlawful discrimination and retaliation.

Federal Whistleblower Laws

There are numerous federal laws that protect whistleblowers.  For example, The Energy Reorganization Act protects employees and contractors who provide information about, or participate in investigations relating to, what they believe to be violations of nuclear safety laws and regulations. Employees of publicly traded companies who face retaliation for reporting fraud on shareholders or violations of securities laws are protected by the Sarbanes-Oxley Act.  The Whistleblower Protection Act protects whistleblowers who work for the federal government. The False Claims Act prohibits retaliation against employees for disclosing fraud against the federal government. Employees who make disclosures about misuse of the federal government’s stimulus funds are protected by the McCaskill Amendment that was passed by Congress on February 12, 2009.

North Carolina Whistleblower Laws

North Carolina has its own whistleblower protections. The North Carolina Whistleblower Act prohibits discrimination and retaliation against State employees who report violations of law, fraud, misappropriation, danger, or gross mismanagement, waste, or abuse of authority, or who refuse to carry out employee has refused to carry out a directive which may violate the law, or poses a substantial and specific danger to the public health and safety.

North Carolina’s Retaliatory Employment Discrimination Act (REDA) prohibits employers from retaliating or discriminating against an employee who engages in certain protected activity, such as reporting safety and health or wage and hour violations.

The NCDOL has published helpful information about REDA.

North Carolina also recognizes a common-law action for wrongful discharge in violation of public policy [link to wrongful termination], which means that an employer may not terminate an employee for reasons that would violate important public policies of the state, such as those that prohibit fraud or other crimes.

Protecting Employee Rights

If you believe that your employer has violated your rights as a whistleblower, let the experienced attorneys at GMFM fight to protect your rights.  Contact us for an evaluation of your case.