Sunday, 27 January 2013

What To Know About The Whistleblower Act

By Claudine MacDonald


The Whistleblower Act, also called a protection act, is a law upheld in many countries, including the United States. A whistleblower is one who tells authorities, or the public, the illegal or allegedly dishonest activities taking place in government agencies, or a private organization or company. This legislation is used to protect federal whistleblowers who are employed by the government and report misconduct in the agency.

Violation of this act occurs when authorities of a particular agency take, or threaten to take, action in retaliation for actions of the employees or applicants who reported the misconduct. People can film complaints for this violation as well. Original complaint must include proper evidence that proves there was violation such as abuse of authority; danger to safety or health of the public; mismanagement; violation of a law, rule, or regulation; or waste of funds.

Three authorized federal agencies in America: Office of Special Counsel, Merit Systems Protection Board and the Court of Appeals for Federal Circuit. The Office of Special Counsel is responsible for investigating federal complaints of blowers. The Merit Systems Protection Board serves as a quasi-judicial agency that is in charge of adjudicating complaints. Court of Appeals is the single court that is authorized to hear appeals of whistleblower cases decided upon by the merit board.

The amount of legal protection that is offered with range by country and related to the place where activity was done, how and where details were revealed, and how it came to be publicized or published. A handful of countries have drafted protection laws for these people and provide mechanisms for reporting. Over 50 countries offer limited protection in cases involving anti-corruption, employment and freedom of information.

The informant might be external or internal. Those who are internal report misconduct of superiors or their fellow company employees. External blowers are the individuals who make these reports based on the activities of external persons or entities. In these cases, depending on the sensitivity and nature of the disclosed information, informants may report the misconduct of lawyers, the media, law enforcement or watchdogs, or other local, state or federal agencies. Monetary reward may be offered to encourage people to take action.

Thoughts about whistleblowing vary. These people may be seen as selfless individuals who are martyrs for organizational accountability and the public interest. There are others who consider these individuals snitches or tattle tales who are only concerned with pursuing fame and personal glory by their behavior. There are many who do not consider blowing the whistle for fear of retaliation and losing relationships inside and outside of work.

The persecution of whistleblowers has become an issue in some countries. Laws are supposed to protect individuals from retaliation by the employer. Still, there have been instances in which punishments for blowing the whistle have included termination, wage garnishment, demotion, suspension and mistreatment by fellow employees.

The Whistleblower Act is used to reference a law that is in place in many countries. This law offers protection to people who blow the whistle on wrongdoings. The details of this law will range based on the country. Whistleblowers are either external or internal informants.




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