Whistleblowing By Tracy Holtman
Whistleblowing
By Tracy Holtman
INTRODUCTION
Whistleblowing is the act of an employee who reports to superiors or outsiders the commission of illegal activity by his employer of fellow employees. No law compels an individual to step forward and communicate his suspicions regarding criminal activities. Government regulations covering many areas of industry and business contain statutes that protect employees from discharge or discrimination when they "Blow the whistle" by initiated an investigation or cooperate with a regulatory agency in an inquiry into their employers activities.
Federal whistleblower legislation includes statutes protecting all government employees. Many state whistleblower statutes have been enacted, each varying in coverage. These states statues may cover both public and private employees, depending on which state. You must look at your state's statues for legal information to help you.
This pathfinder gives information about Federal whistleblower statues and Texas Whistleblowing Laws.
PRIMARY SOURCES
Here is a list of federal Statutes containing "whistleblowing" provisions to protect employees against retaliation. Employee may disclose any information that they reasonably believe shows a violation of law, a gross mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to public safety or health.
TEXAS CODE or TEXAS WHISTLE-BLOWER ACT
Texas Workforce Commission - Chapter 554. Protection for Reporting Violations of Law Tex. Government Code Ann. § 554 - Protection for Reporting Violations of Law. Provides information about definitions, retaliations, and relief available to employee. Give information about limitation periods, the burden of proof, appeal procedures, where to sue, and the civil penalty.
COURT CASES
Ward v. Merrit Systems Protection Bd 981 F2d 521 (1992), A Federal case that defines issues such as what constitutes "whistleblowing", and "retaliation".
Texas Dept. of Human Services v. Hinds 860 S.W.2d 893 (1993), Texas case that deals with persons protection in general, and with Good Faith.
Wagner v. Texas A&M University 939 F.Supp. 1297 (1996) - To establish whistleblower claim under Texas law, employee must demonstrate that: employee reported alleged violation of law to appropriate law enforcement authority; employee made report in good faith; and that the employer took adverse employment action against employee because employee made the report.
City of San Antonio v. Heim 11 BNA IER Cas 1764 (1996, Tex. App.) - Reports under Whistleblower Act (New) - A terminated police officer failed to establish a causal link between his termination and his claim under the Whistleblower Act.
SECONDARY SOURCES
ANNOTATED LAW REPORTS
Gregory G. Sarno and Anne M. Payne, Annotation, Prohibition, by Civil Service Reform Act of 1978, or Reprisals against Civil Service Whistleblowers (5 USCS \'a7 2302 (b)(8)), 124 A.L.R. Fed. 381 (1995). The Civil Service Reform Act's provision prohibiting covered federal agencies from punishing employee and making it easier for employees to prove such reprisals. This annotation examines the cases that prohibit reprisals to whistleblowers.
LEGAL ENCYCLOPEDIAS
82 Am. Jur. 2d Wrongful Discharge §§ 55-72 "Whistleblowing": Disclosing Employer Misconduct.
30 C.J.S. Employer-Employee § 69. Whistle Blowing in General. - Gives information about whistle blowing in general and under Federal Law.
33 Tex. Jur. 3d Employer and Employee § 55 Whistleblowing. - There is no cause of action for whistleblowing against a private employer. However, a state agency or local government may not suspend or terminate or otherwise discriminate against a public employee who "blows the whistle".
LAW REVIEWS and JOURNALS
Michael J. McKiernan, Protection for private employee whistleblowers in Texas?, 54 Tex. Bar J. 667 (1991)
Texas Supreme Court refuses to recognize a "Whistleblower" exception to the at-will employment rule for private employees 22 Tex. Tech L. Rev. 1215 (1991). Discusses the case of Winters v. Houston Chronicle Publishing Co., 795 S.W. 2d 723 (Tex.)
Valerie P. Kirk, The Texas Whistleblower Act: time for a change 26 Tex. Tech L. Rev. 75 (1995)
Scott Roberts, Developments in the Texas Public Whistleblower Act 47 Baylor Law Rev. 867 (1995)
Geoffrey A. Hoffman, Whistleblower protection: is retaliatory discharge allowed under the employment-at-will doctrine in admiralty? 21 Tul. Mar. L.J. 171 (1996)
OTHER PERIODICALS
Aaron Epstein, Blowing the Whistle, Wichita Eagle (Wichita, Kan.) March 6, 1994, p.1D. Discusses the False claims act and the historic origins of whistleblowing. Gives diverse opinions regarding its worth. Offers summarized trial details and comments on experiences.
GOVERNMENT PUBLICATIONS
U.S. Merit Systems Protection Board, Whistleblowing in the Federal Government, USGPO, 1993.
U.S. Merit Systems Protection Board, Whistleblowing and the Federal Government: blowing the whistle on fraud, waste, and mismanagement - who does it and what happens. USGPO, 1981.
WEBSITES
NWC is a nonprofit organization located in Washington, D.C., that advocates civil rights and liberties by protecting the employee's right to report major problems and "blow the whistle" on issues such as government waste, fraud, corruption, misuse of funds, and violations of safety and environmental law. Site includes information about the NWC, attorney referrals, legal protection, and publications. A Great place to start if interested in Whistleblowing.
Become a Whistle Blower for a Day
Provides an electronic form so that you give your whistleblowing story to a journalist. Statewide is a confidential site from Nebraska.
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