Do You Have to be an Employee to Qualify as a Whistleblower?
Society needs whistleblowers to expose and modify criminal actions. Some individuals believe that to be a whistleblower, one must be an insider, but it does not work that way. Whether you work within that organization, there are numerous ways to blow the whistle.
“The various statutes that prohibit retaliation all change depending upon under which regulatory agency’s jurisdiction a person comes forward as a whistleblower. However, each of these examples shares one thing in common,” says whistleblower attorney Bill Nettles, Attorney at Law.
Most whistleblowers are always well-informed about the illegal and unethical practices they report. Most offenders are employees within a business; they may even hold senior company positions or be business owners. If you are a whistleblower, you do not have to be employed by the company before you can expose it, but if you think being an employee is your ideal opportunity to ensure justice, so be it.
What Laws Protect Whistleblowers As Employees In South Carolina?
Two major whistleblower policies protect South Carolina employees who are public workers who expose the misuse of funds and legal violations, as well as those who make workplaces safe and conducive to health. Furthermore, South Carolina observes a common policy exception that permits employees to leave their workplace for any reason.
However, the state’s public laws require that employees who refuse to break federal law, support their employer’s unlawful activities, or file a wage law claim for unpaid minimum wage or overtime not be discharged.
Anyone Can Act As a Whistleblower
It does not matter if you are or are not part of the organization you want to expose. It is not a requirement, be it general or legal. Ex-employees, industry observers, executives, employees, and federal employees have all been given a whistleblower award because they exposed or reported original information to the federal government. However, this procedure is safer when using secure digital tools and working with a whistleblower attorney.
On special occasions, you may be the one at fault. If you want to make things right or minimize legal punishment, do not hesitate to consult a whistleblower lawyer in South Carolina.
General Legal Protection Procedures for Whistleblowers
The Whistleblower Protection Act, the Dodd-Frank Act, and the False Claims Act are examples of federal policies that concern whistleblowers and provide legal protection in the US. These laws differ in usage and scope, but they have similar provisions designed to safeguard a whistleblower’s privacy and rights.
For instance, when you, as a whistleblower, report criminal activities under the False Claims Act, your claim will be under seal. All investigations must be executed, and the case and your claim will remain confidential for as long as the case is ongoing. Sometimes, the case may take several years to resolve, but it will remain anonymous throughout.
Depending on the policy, you are protected from retaliation as a whistleblower. You may receive double pay, as well as legal costs and fees.
How Can You Be Protected Against Retaliation?
Aside from identity protection, these laws are designed to protect whistleblowers from retaliation by their employers. This means that you cannot be demoted, fired, mistreated, or subjected to any adverse employment action just because you have exposed or intend to report criminal conduct or violations of workplace laws.
However, if your employer does retaliate against you, you may be entitled to receive additional damages beyond your original claim, such as back pay, reinstatement to your position, and even emotional distress damages. It’s important to document any retaliatory actions and seek legal advice promptly, as timely action can be crucial in protecting your rights and ensuring you receive appropriate remedies.
Conclusion
A whistleblower lawyer’s role cannot be overemphasized when it comes to battling cases of workplace harassment. They are not only experienced but also possess extensive knowledge that can assist you, regardless of your employment status. Furthermore, these lawyers can help you navigate the complex legal procedures involved in the process.
If you intend to uncover or report criminal actions within an organization, make sure that you have legal backing. Your attorney can help you file a strong case, organize all documents, and negotiate till a settlement is secured.
