A whistleblower is an employee whom reports illegal activity, waste or fraud to their employer or to a government agency responsible for upholding statutes and rules. Federal law is intended to protect federal employees and does not generally extend protections to non-employees. Many states have laws in place to protect whistleblowers, however, courts have drawn narrow rules to apply in cases of whistleblower protections.
Pennsylvania law protects many employees from retaliation for whistleblower activity. Employers are not permitted to threaten, terminate, demote or punish employees for reporting -or planning to report- health and safety violations. In some cases of retaliation, the Pennsylvania courts will use a “common law” standard, which means that the conduct of the employee, while not specifically protected, falls within laws intended to protect the public and is therefore protected from retaliation. The public policy standard has not been extended to cover all whistleblowers in the state, but does provide protections for employees of certain businesses and industries.
Many employees in the Commonwealth of Pennsylvania are protected from retaliation for reporting waste, fraud and abuse. Protections are provided even when the employee has not filed a report yet, but is suspected of preparing to do so. Employees are also protected from retaliation when someone else reports violations on their behalf.
Pennsylvania’s state whistleblower law applies to employers who “public bod[ies] or receive money from a public body to perform work.” This categorically includes state and local government employees, employees of school districts and all other public jobs, but also includes any employee of a company that receives money from the State. This includes any business that receives grants or other types of government funding.
Pennsylvania law specifically covers whistleblower employees in the following areas of employment:
- Elder Abuse -Employees are protected from adverse employment actions for filing claims of elder abuse.
- Commercial Motor Vehicle Operators -Employees are protected from adverse employment actions for filing reports of violations of safety rules, including vehicle maintenance and requirements of employment that violate federal and state safety laws, such as maximum hours behind the wheel. File with the Pennsylvania Department of Labor and Industry.
- Construction Workers -Employees are protected from adverse employment actions resulting from filing of reports alleging workplace misclassification, such as when an employer pays an employee as though they are a contractor.
- Employees filing discrimination claims -Employees are protected from adverse employment actions resulting from filing claims or participating in investigations of discrimination under the Pennsylvania Human Resources Act, which covers discrimination against age, sex, color, religion, race, national origin, ancestry or disability. File with the Pennsylvania Human Resources Commission (PHRC).
- Hazardous Substances -Employees are protected from adverse employment actions resulting from filing reports of violations of the Pennsylvania Worker’s and Community Right-To-Know Act. File with the Pennsylvania Department of Labor and Industry.
- Healthcare -Employees are protected from adverse employment actions for refusing to work overtime.
- Minimum Wage -An employee is protected from adverse actions for participating in an investigation related to Pennsylvania’s minimum wage laws.
- Minors -Minor employees may not be fired or retaliated against for refusing to work more than 44 hours during school holidays.
- Smoke-Free Workplace -Employees are protected from adverse employment actions resulting from filing claims in relation to the Clean Indoor Air Act.
- State of Emergency- Road Closures -Employees are protected from adverse employment actions resulting from road closures as part of a state of emergency.
- Wage Discrimination -Employees are protected against adverse employment actions for filing claims of unequal pay.
In most cases, an employee filing a claim for violation of whistleblower protections will file under wrongful termination law. In most cases, employees have 180 days to file with the appropriate agency before the statute of limitations expires.
Most claims will be filed with the Pennsylvania Human Resources Commission, which has offices in Harrisburg, Pittsburg and Philadelphia.
Generally, whistleblower claims will involve multiple other claims resulting from adverse employment decisions, and can be as broad as company-wide policies that violate federal law and involve nearly every past and current employee, filed under a class-action suit, or as narrow as filing a sex discrimination claim against an employer who demoted an employee after filing a discrimination claim.
Filing a whistleblower claim requires a claimant to notify the appropriate state or federal office responsible for the type of employment affected. Pennsylvania law does not require the person filing the claim to be able to prove waste or fraud. Claims are investigated based on the “good faith” principle intended to encourage whistleblowers to report wrongdoing without fear of punishment.
If you or a loved one is fired or harassed for filing a claim of fraud, waste or discrimination, it is in your best interest to contact an experienced employment attorney who understands the unique aspects of federal and Pennsylvania whistleblower protections, as claims can be filed at both levels under a variety of laws.
If you or a loved one wants to file a claim with an agency because of fraud, waste or discrimination but is concerned they will be retaliated against, an employment lawyer can make sure your rights are protected and the appropriate state and federal authorities are involved.