YOU HAVE THE RIGHT TO NOT REMAIN SILENT
What You Need To Know About The Whistleblower Act
A state law commonly known as the Whistle-Blower Act prohibits retaliation against public employees who report official wrongdoing. Employees must follow certain procedures in order to be protected. The Office of the Attorney General cannot file suit to enforce your rights under this law - you must initiate the action yourself.
LAW PROTECTS WHISTLEBLOWERS
The law known as the Whistleblower Act prohibits retaliation against public employees who report official wrongdoing. The act states that "a state or local governmental body may not suspend or terminate the employment of, or otherwise discriminate against, a public employee who reports a violation of the law to an appropriate law enforcement authority, if the employee report is made in good faith. " (Vernon's Annotated Civil Statutes, Article 6252-16a).
A public employee who reports a violation of law who…
was the target of retaliation or discrimination;
meets the law’s requirements as described below; and
has exhausted all appeals (if a local government employee)
…may file suit against a state or local governmental body for damages and/or reinstatement, lost wages, costs, and legal fees.
BEFORE YOU SUE
Before taking action under the Whistleblower Act, a person must...
be a public employee;
have reported, in good faith, what was believed to be a violation of a federal or state law, a local government ordinance, or a rule adopted under a law or an ordinance;
have reported it to an appropriate law enforcement authority;
then been "suspended, terminated, or discriminated against" for reporting the violation.
WHO IS CONSIDERED A PUBLIC EMPLOYEE?
A public employee is “any person who performs services for compensation, under a written or oral contract for a state or local governmental body.” An independent contractor is not a public employee.
A “state governmental body” is…
any board, commission, department, office or other agency in the executive branch of the state;
an institution of higher learning;
the Legislature or a legislative agency;
the Texas Supreme Court, the Court of Criminal Appeals, a court of appeals, a state judicial agency, or the State Bar.
A "local governmental body" is...
a county;
an incorporated city or town;
a public school district;
a special purpose district authority. WHAT IS AN "APPROPRIATE" AUTHORITY?
What authority is appropriate depends upon the particular circumstances of each case and is not limited to criminal law enforcement authorities.
The violation should be reported to an authority the employee believes has the "powers and duties sufficient to compel obedience" to what the law requires in that specific case - whether the authority is civil or criminal.
EXHAUST ALL APPEALS
Even if the facts of the case satisfy those requirements, a local government employee must first "exhaust any applicable grievance or appeal procedures adopted by the employing local governmental body to resolve (employment) disputes.” This requirement does not apply to employees of state governmental bodies. The employee must invoke the appeal or grievance "not later than the 90th day after the date the alleged violation occurred." If a decision is not reached within 30 days, the employee may file suit.
FILE SUIT WITHIN 90 DAYS
A public employee who files suit under the Whistleblower Act must do so within 90 days of the date on which the retaliatory action occurred or was discovered. The time used for grievance procedures is not counted in computing the 90 days.
Whistleblower suits may be filed in the district court of the county in which the employee lives or in the Travis County District Court. Under the law, the Office of the Attorney General cannot file suit to protect the employee's rights - the employee must initiate the action. The Attorney General can join the lawsuit to recover a statutory $1,000 penalty against each supervisor found to be in violation of the Act.
NOTICE MUST BE POSTED The law requires each governmental employer to notify employees of their rights under the act “by posting an appropriately worded sign in a prominent place in the workplace.”
For additional public information, please contact.
Office of the Attorney General
Citizens Assistance Center
P. O. Box 12548
Austin, Texas 78711
(512) 463-2007
