taiwan law resources
It was not until 1986, when a law protecting whistleblowers is. Congress has an anti-retaliation protection to the then existing False Claims Act.
A whistleblower is a person who says something about which he believes is an illegal act. The employees are the most commonly known whistleblower. They tell on their employers which they suspect is doing or that an illegal act.
Under the Whistleblower Protection Law, the employee should not be discharged, means, suspended, threatened, harassed or in any way that is discriminatory terms and conditions of their work, because the act by the employee.
The employee can aid in many respects to the examination, certificates and the like. However, there are some restrictions under the whistleblower protection law.
Reporting of illegal acts that are only within the enterprise, is one reason for the exemption. But still there may be public policies that protect workers from retaliation
If it turns out that an employer does not actually break a law, the employee is still entitled to the protection of whistle-blower retaliation, if he reasonably believes that the employer committed an illegal act.
The Whistleblower Protection Act does not apply to employer retaliation for complaints about personal abhor. Office policy is not to be used as a basis for filing a complaint against the employer and the use of the whistleblower protection for personal gain.
In order for employees to be protected employer retaliation, he may suspect a violation of a federal law. But the alleged violation should be made that the law against the protection of informers.
The Whistleblower Federal Law, unlike the False Claims Act, the whistleblower to bring an action in a federal court. The Federal Whistleblower Law does not permit the whistleblower to go directly to the court.
The persons concerned are prosecuted administratively. The affected persons can a complaint or charge, with or without a lawyer to represent. However, if the dispute is not resolved immediately, the administrative law judge may then preside over the hearing that only evidence can.
A whistleblower should not attempt to delay an investigation of possible remedies. To this decision, the retaliation should then be brought to the appropriate authorities within 30 days, else the complaint could not be pursued further.
Most states have some sort of statutory or common law "whistleblower" or anti-retaliation laws. As the Federal whistleblower laws, not every lawyer knows about these laws, especially laws outside their own state.
These states and the District of Columbia have recognized a general rule for the exception to the "employment at the doctrine": Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Iceland, Tennessee, Texas, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.
Some states have explicit statutory protection for whistleblowers. These include: California, Connecticut, Delaware, Florida, Hawaii, Louisiana, Maine, Michigan, Minnesota, Montana, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oregon, Rhode Iceland, Tennessee, and Washington.
In addition, there are laws that require special protection only for their own state or municipal employees: Alaska, Arizona, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Missouri, Montana, Nevada, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Iceland, South Carolina, South Dakota, Tennessee, Texas, Utah, Washington, West Virginia and Wisconsin.
James Monahan is the owner and Senior Editor of the journal article WhistleblowerBuzz.com and writes about informants.
วันอังคารที่ 11 สิงหาคม พ.ศ. 2552
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