Tuesday, August 9, 2011

Whistle Blower Laws Protecting Pennsylvania Employees of Private Companies

Mostly Help Government Employees

DO WHISTLE BLOWER LAWS PROTECT ME IF I COMPLAIN ABOUT IMPROPER BUSINESS PRACTICES IN PENNSYLVANIA?

If you are employed by the United States Government, or by the Commonwealth of Pennsylvania, you 
may not be fired in retaliation for complaining about potentially corrupt governmental practices.

Hard to Prove They Knew it Was You!

Am I Protected from Retaliation if I file an Anonymous Complaint About My Company?

Well, here is the problem - if you file an anonymous claim, then there will be no easy way for you to prove that the company knew it was you, and then retaliated against you.

So, generally, the answer is <NO>

Employees for Privately-Owned Companies Not Protected from Retaliation or Termination for Whistleblowing

However, if you are employed by a private company that is not publicly traded, you may lawfully be fired in retaliation for complaining to management about corrupt, immoral, fraudulent, criminal or unethical business practices.  There are some limited exceptions to this rule, but they are relatively rare.

Best to seek counsel before you act to explore all of your options.

Very Complicated, and Usually of Limited Use

What is Sarbanes Oxley?

Employees of publicly traded companies have some protection if they identify business practices intended to defraud shareholders under Sarbanes-Oxley ("SOX").



OSHA Protects Whistleblowers from Retaliation and Discharge

In addition to the protections offered to government employees, and those contained within SOX, there is only one other prominent whistle blower law that may be utilized to protect Pennsylvania employees of private companies who complain about their employer's business practices.  OSHA.

If you complain about legitimately dangerous or hazardous work conditions and are fired/demoted in retaliation for making such a complaint, OSHA has an anti-retaliation provision that may be utilized to hold your employer liable for any wage loss you suffer as a result of the retaliatory action.

For Employees At Will, There are Only Limited Protections Under Whistleblower Laws

Beyond the exceptions to the "at will" employment doctrine described above, it is safest to assume that you may lawfully be terminated if you complain about business practices that you consider to be unethical, illegal, corrupt or fraudulent.  Thus, you should understand that if you make such a complaint you may be fired, and will not have recourse for wrongful termination.

Qui Tam Claims Can be Lucrative!

What is a Qui Tam Whistleblower Case?

In short, if you report fraud to the government, and it takes the case and collects from the employer, the whistleblower gets a percentage of the recovery.  The below article lays it out succinctly.


Sometimes, a whistleblower can get big money?


CAN I GET UNEMPLOYMENT IN PENNSYLVANIA IF I AM FIRED FOR BEING A WHISTLE BLOWER?

If you are fired for making such a complaint, you will likely be eligible for Unemployment Compensation, as the making of such complaint should not be deemed "willful misconduct" under Pennsylvania Unemployment law.  However, you must prove 1) you made the complaint; 2) the employer knew you made the complaint; and, 3) the employer fired you for making the complaint.

A Lawyer's Job is to Spot and Expose Lies 

Employers will, of course, often try to hide the real reason for the termination, so hiring counsel for a appeal hearing in such a case is basically essential!


610-647-5027

Philadelphia Are Employment Attorneys Representing Employees

We are employment lawyers who represent employees in Pennsylvania. 

We typically represent employees who need an employment lawyer in Philadelphia County, Chester County, Delaware County, Bucks County, Berks County, Lancaster County and Montgomery County.

Pennsylvania Employment Attorneys Provides Free Telephone Consultations

If you are looking for an employment lawyer, and live in Ardmore, Ambler, Cheltenham, Ft. Washington, Lansdale, Blue Bell, Germantown, Chalfont, Plymouth Meeting, Pottstown, Willow Grove, Horsham, North Wales, Conshohocken, Montgomeryville, Hatboro, Harleysville, Souderton, Jenkintown, Trooper, Quakertown, Pottsgrove, Downingtown, Lionville, Collegeville, Phoenixville, Northeast Philadelphia, Oaks, Royersford, Springfield, Lower Providence, Malvern, Wayne, King of Prussia, Downingtown, Upper Gwynedd, Glenside, Doylestown, Radnor, Berwyn, Stowe, Bryn Mawr, Wayne, Newtown Square, Exton, Dresher, Aston, Brookhaven, Center City Philadelphia, West Chester, Lima, Oxford, Kennett Square, Skippack, Langhorne, Haverford, Newtown Square, Broomall, Drexel Hill, Reading, Eagle or any of their surrounding towns, feel free to send us an e-mail via our Contact Form or give us a call at 610-647-5027.  We are always glad to spend some time with people via a free telephone consultation.

Thanks for checking in with us.