Reporting wrongdoing at work can feel risky, especially if you worry about losing your job. In Pennsylvania, the protections you have depend largely on who your employer is. Understanding where you fit may help you decide what to do next.
Who does Pennsylvania’s Whistleblower Law protect?
Pennsylvania’s Whistleblower Law protects public employees and employees of private entities that receive public funds to perform work or provide services who report wrongdoing or waste in good faith. It bars an employer from firing, threatening or otherwise retaliating against you for making that report.
If you work for a government agency, a public body or a qualifying publicly funded private employer, this law may apply to you.
What protections do private-sector employees have in Pennsylvania?
The Whistleblower Law generally does not cover purely private employers that receive no public funds, and Pennsylvania has no general whistleblower statute for all private-sector workers.
Courts recognize only a narrow public policy exception to at-will firing, such as when an employer discharges you for refusing to commit an illegal act, so a claim depends on the specific facts. Because state protection can be limited, many private-sector employees look to federal law.
Which federal laws may protect you?
Two federal laws are among the most common options, depending on your employer and what you reported:
- Sarbanes-Oxley Act: This law protects you if you work for a publicly traded company, or for its contractors, subcontractors or subsidiaries, and report conduct you reasonably believe violates SEC rules or involves mail fraud, wire fraud, bank fraud or schemes to defraud the company’s shareholders.
- False Claims Act: This law protects you if you are an employee or contractor who tries to stop fraud against the federal government, and it may allow reinstatement, double back pay, interest and litigation costs.
Other federal laws also exist, depending on your industry.
How quickly do you need to act after retaliation?
A lawsuit under Pennsylvania’s Whistleblower Law must be filed directly in court within 180 days of the alleged violation, and internal grievances do not pause that window.
A Sarbanes-Oxley complaint must be filed with the Occupational Safety and Health Administration (OSHA) within 180 days, and other laws OSHA enforces set deadlines from 30 to 180 days. False Claims Act retaliation claims allow up to three years, so it may help to act promptly.
Every situation depends on its own facts. If you are a whistleblower or are considering becoming one, it may help to speak with an employment attorney about your options.