What is a Whistle Blower?
Generally a whistleblower is someone who reports wrongful conduct to someone or an entity who can do something about it .That being said there are dozens of laws, both state and Federal and regulations. Each of them usually has deadlines, criteria , statute of limitations and relief. This is one area where legal counsel with a knowledge of whistleblowing should be obtained as early as possible.
Where do I look for information?
Information can be found on the internet. Also the National Whistleblowers Center provides regular information., info@whistleblowers.org
– Some of the laws include the SOX, Dodd- Franks 15 USC Section 78u-6
– False Claims Act 31USC Section 3730
– Major Fraud Act !8USC Section 1031
– OSHA(whistleblowers.gov)
The above laws are Federal. Some of the Arizona law is:
– You must be an employee not an independent contractor.
– For a state claim, you must rely on state law not federal law.
– You need to raise concerns with management, then be terminated because of the whistle blowing.
– State whistle blowers have different requirements.
What remedies are there?
Remedies can include protection against retaliation . liquidated damages, back pay and wages. You want to consult a lawyer first because in some instance the first relator is the person who may get rewarded.
Statutes:
– Employment Protection Act, AZ Rev Stat § 23-1501 (in general)
– AZ Rev Stat § 38.531–533 (public employees)
– AZ Rev Stat § 36-2282 (health and safety)
– AZ Rev Stat § 41-1492.10 (prohibition against retaliation and coercion)
