Ulster lawmakers pass whistle-blower policy | recordonline.com
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Friday, September 11, 2009
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The People's Watchdog
About Me
- Elliott Auerbach
- Ulster County, NY, United States
- The People's Watchdog. The mission of the Ulster County Comptroller’s Office is to serve as an independent agency of the people and to protect the public interest by monitoring County government and to assess and report on the degree to which its operation is economical, efficient and its financial condition sound.
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- Just Say "NO" to Telemarketers (photo courtesy of ...
- DiNapoli Bans Pay To Play
- On October 14, 2004 the Ulster County Legislature ...
- TELL NYS TO STOP "COST SHIFTING"
- Ulster lawmakers pass whistle-blower policy | reco...
- (Finally)...WHISTLE BLOWER PROTECTION FOR COUNTY E...
- Ulster department heads seek $2.2M budget boost | ...
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2 comments:
Whistle-blower statutes protect employees when they find themselves in the difficult position of discovering their employer violating a law or in some way breaching the public trust. If the employer is warned of the problem but takes no action, or asks the employee to keep the situation confidential, the employee may be personally participating in a crime and may be exposed to a certain amount of personal liability. Sometimes, the right thing to do is to report the employer to the authorities (or, "blow the whistle"), but the employee may risk losing his job or position within the company. In this situation, the employee may be torn between a legal or ethical duty and perceived loyalty to his employer. "Whistle blower" issues arise in various circumstances, such as when an employee discovers that his employer that is a government contractor is overbilling the government, or when a public or private employer is discovered cutting corners on safety matters in violation of rules and regulations under state occupational health and safety acts. Other situations may involve employer practices of job discrimination, abuse of adult or juvenile patients in a health care facility, or medical malpractice.
In these situations, if an employee exposes an unsafe, illegal or unethical practice to the authorities, the employee may be the subject of punitive or retaliatory action, such as, dismissal, transfer to an undesirable job assignment, demotion, etc. Whistle-blower statutes may prohibit dismissal or other retaliatory action against the employee. They may also provide for enhanced monetary awards to employees who "blow the whistle" on an unscrupulous employer.
State whistle-blower statutes vary in a number of respects. Some states only provide explicit protection of public employees or those working for government contractors. Statutes also vary with respect to whom is protected or on whom the whistle may be blown. Some states extend protection to other co-workers who assist the whistle blower; some explicitly protect an employee who blows the whistle on fellow employees or another person or business entity with a business relationship with the employer.
Most states limit remedies that an employee may recover to actual damages, such as back pay or fringe benefits. In some cases, however, the employee is given a money award tied to the illegal or unethical activity exposed. In South Carolina, if the employee's report or complaint results in a savings of public funds, s/he may recover 25% of the estimated net savings in the first year after corrective action is undertaken, up to $2,000.
It should be noted that in addition to state statutes, there are a number of federal whistle-blower provisions which protect employees in much the same way. However, many federal laws include much harsher penalties for employers and greater rewards for employees who risk careers and livelihoods by reporting activity that is damaging to the public trust.
Congrats on all your hard work and advocacy!
-Dan
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