Two Penn Center
1500 JFK Blvd, Suite 320
Philadelphia, PA 19102
phone: 215-814-6750
fax: 215-814-6764

Whistleblower Law

The firm has represented and advised individuals of their rights under various state and federal “whistleblower” laws, which protect certain public and private sector employees from retaliation for reporting illegal, improper, or unethical practices they observe, become familiar with or experience, and in certain instances, provide incentives for persons who bring improper practices to light.

These laws include statutes such as the Pennsylvania Whistleblower Law, 43 P.S. § 1421-28, which protects employees in the public sector from being fired, disciplined, or otherwise discriminated against because they report illegal or improper practices to their employers or other responsible public officials or agencies. The New Jersey Conscientious Employee Protection Act further extends such protection to employees in the public and private sector.

Federal law also provides “whistleblower” protection in the workplace, under specified circumstances, for persons who report alleged wrongdoing relating to:
  • environmental offenses (Clean Air Act - 42 U.S.C. § 7622; Safe Drinking Water - 42 U.S.C. § 300j-9(i); Solid Waste   Disposal - 42 U.S.C. § 6971; Superfund - 42 U.S.C. § 9610; Toxic Substances - 15 U.S.C. § 2622;  Water Pollution - 33 U.S.C. § 1367; Pipeline Safety Improvement Act – 49 U.S.C. § 60129; Surface Mining Act – 30 U.S.C. § 1293);
  • workplace safety issues (Occupational Safety and Health Act (OSHA), Nonretaliation Provision - 29 U.S.C. § 660(c); Mine Health and Safety Act -30 U.S.C. § 815(c); Asbestos School Hazard Detection and Control, Employee Protection Provision - 15 U.S.C. § 2651; Asbestos School Hazard Abatement, Employee Protection Provision - 20 U.S.C. § 4018;
  • food safety and contamination issues (Food Safety Modernization Act of 2010 - 21 U.S.C. § 399d);
  • health care issues (Patient Protection and Affordable Care Act - § 1558 of Public Law No. 111-148  29 U.S.C. 218C);
  • nuclear safety issues (Atomic Energy Act/Energy Reorganization Act - 42 U.S.C. § 5851; Department of Energy, Defense Activities, Whistleblower Protection Program - 50 U.S.C. § 2702);
  • transportation safety issues (Public Transportation – National Transit System Security Act – 6 U.S.C. § 1142; Railroad Safety Act – 49 U.S.C. § 20109);
  • discriminatory workplace practices (Fair Labor Standards Act (FLSA)/Equal Pay Act, Nonretaliation Provisions – 29 U.S.C. § 215(a)(3); Employment Retirement Income Security Act (ERISA) – 29 U.S.C. § 1140 and 29 U.S.C. § 1132);
  • the affairs of publicly held companies and their subsidiaries and affiliates (the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 Public Law No. 111-203 and the Sarbanes-Oxley Act of 2002 – 18 U.S.C. § 1514A)   
  • consumer product safety (Consumer Product Safety Act of 2008 – 15 U.S.C. § 2087)
These laws each have their own unique procedural requirements that must be followed to receive protection, and each sets specific and firm time limits within which their protection must be invoked.  These requirements are strictly applied by the courts and administrative agencies.

Know Your Rights

Our law firm advocates for the rights of employees terminated for reporting or protesting violations of wage and hour, harassment, safety, environmental and discrimination laws.  Contact our office to learn more about whistleblower claims involving any of the types of laws that we have listed above.  Our firm will relentlessly fight to protect you against retaliation.
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