- You must be a public employee. Employees of private companies have no protection under the Pennsylvania Whistleblower Act. Public bodies are defined in the statute as one of three things: a branch of state government, a branch of local government (city, county, school board) or an organization created by or funded by the government. If you believe your rights have been violated by your employer because of this act, you must file your claim within 180 days.
- If you have filed a claim of wrongdoing, a public employer may not "discharge, threaten or otherwise discriminate or retaliate" against you, according to Pennsylvania state law. This protection includes drops in pay, make you relocate or firing you. It also protects you if you're about to report wrongdoing, so it is recommended that you file your report of violations as soon as possible.
- Accusations made by whistleblowers must be made in good faith. This requirement means there can be no malice involved, and the action cannot be taken for personal gain. The whistleblower must also have "reasonable cause" to think his accusation is true.
- Employers try to prove that the firing of the whistleblower was due to some cause other than the allegations of corporate misconduct.
- Whistleblowers may not receive punitive damages for violations of the Pennsylvania Whistleblower Act, but they must be reinstated to their position. Bosses found guilty according to the Pennsylvania Whistleblower Act face a suspension from work of up to six months, although elected officials are exempt from this penalty. Guilty findings can also be accompanied by a fine of up to $500.
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