- Employers cannot force employees to engage in illegal practices.workplace b image by Andrey Kiselev from Fotolia.com
The Maryland Whistleblower Act protects legislative branch employees as well as includes specific remedies for employees of state contractors. The act forbids any employer to discriminate against or persecute an employee who "discloses information he or she reasonably believes is an abuse of authority, gross mismanagement, or gross waste of money, a substantial and specific danger to public health or safety, or a violation of the law." An employee cannot be terminated or placed on probation by his employer if he refuses to engage in an illegal activity. As such, the employer is required to give written notice to all employees of the various protections and remedies the act states. - Statute of limitation applies to a civil suit filed by an employee.time image by timur1970 from Fotolia.com
If an employee is discriminated against by his employer because he discloses any violations in the workplace, under the Maryland Whistleblower Act, the employee may bring a civil action against the employer in the county of the workplace, or where the employee resides. Statute of limitations applies to a civil action brought by an employee. The employee has one year from the time the violation occurred to file suit in the county. - The court may award certain remedies to the discriminated employee.gavel image by Cora Reed from Fotolia.com
If the court finds the employer discriminated against the employee for disclosing violations in the workplace, it may issue an injunction to prevent further discrimination from the employer, force the employer to rehire the employee, remove any discriminatory action on the employee's work record, compensate the employee for any lost wages or benefits, award attorneys fees and costs and award the employee any other monetary damages. - Legislative employees can file a grievance.business colleagues image by Vladimir Melnik from Fotolia.com
This act allows legislative employees to file a grievance according to the personnel policies. If the grievance filing does not work, the legislative employee may then file a civil suit in the county's circuit court. However, employees who are covered by the Health Care Workers' Whistleblower Protection Act are not allowed to file a civil suit. - OAH is the final appeal for the employee.state capitol - west virginia image by Wendy Hampe from Fotolia.com
If the court rules in favor of the employer, the employee is permitted to appeal the decision to the Office of Administrative Hearings (OAH), which will then carry out a hearing and release a decision concerning the appeal within 45 days. OAH is permitted to award any relief thereafter to the employee if it finds the act has been violated. The decision of OAH is final.
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