Responding to Whistleblowers: An Analysis of Whistleblower Protection Acts and Their Consequences

• Main Authors: Burling, Philip, Matthews, Kathryn A
• Format: Web Resource
• Language: English
• Published: National Association of College and University Attorneys, One Dupont Circle, N 01-03-1992
• Subjects: College Administration; Colleges; Compliance (Legal); Employee Attitudes; Employer Employee Relationship; Federal Legislation; Higher Education; Legal Problems; Legal Responsibility; State Legislation; Universities; Whistle Blowing

This booklet presents information to help guide college and university administrators in properly (legally) handling those situations in which employees reveal evidence of fraud, abuse, or other illegal activity occurring within the school. Part I describes in general terms the whistleblower protection provisions found in various federal statutes and regulations. Part II examines the typical elements of state statutes that protect whistleblowers. Part III briefly outlines the "public policy exception" to the doctrine of employment-at-will which, in some states, provides common law protection for whistleblowers. Part IV provides practical strategies to: (1) avoid claims of retaliation from an employee who has either disclosed or plans to disclose alleged employer misconduct; and (2) minimize the risk of potential liability to such an employee should that employee file suit. (Contains 74 references.) (GLR)