While employers have a legal obligation to maintain a safe working environment for all employees, some fail to do so. Other unscrupulous employers may engage in corrupt practices or criminal activity that can cause physical harm to employees. In such cases, whistleblowers can play a crucial role in keeping employees safe and combatting an employer’s illegal practices in the workplace. If you are aware of an employer’s wrongdoing, it’s important to understand the whistleblower protections that are in place under state and federal law for reporting such violations.

Who Has Whistleblower Protections?

A whistleblower is a person who has inside knowledge of an employer’s unlawful activity, or a dangerous workplace condition, and discloses the violation to the authorities. However, not all employees who report an employer’s unacceptable conduct have whistleblower protections in Ohio. These legal protections specifically extend to those who report an employer’s felony, criminal conduct that is likely to cause an imminent risk of physical harm, a public safety hazard, or certain violations of state and federal statutes.

When Do Whistleblower Protections Apply?

In order for an employee to have protection under the whistleblower law, there are certain procedures that must be followed. Typically, the violation must be reported internally first — and the employer must be given an opportunity to address the situation before the violation is reported to the authorities.

After receiving notice from the employee, the employer must correct the violation within a 24-hour period or make a good faith effort to do so. They must also notify the employee of the correction or the effort that was made. If the employer failed to remedy the violation or make a good faith effort to correct it, the employee can then submit a written report to the appropriate agency or authority. Depending on the specific violation that occurred, the appropriate authority for reporting purposes might be the District Attorney’s office, the police, the inspector general, the Ohio Industrial Commission, OSHA, or another agency.

What Protections Do Whistleblowers Have in Ohio?

Although Ohio is an at-will employment state — and an employer may terminate an employee for any non-discriminatory reason at any time — the law prohibits employers from firing, disciplining, or retaliating against employees for whistleblowing. Importantly, whistleblower protections under Ohio and federal law extend to a wide range of adverse employment actions, including the following:

• Termination from employment
• Suspension from employment
• Withholding pay, raises, or bonuses
• Denial of employment benefits
• Transfer to a less desirable location or position
• Reassignment to a less desirable department or position
• Demotion to a lower rank or position
• Withholding a promotion
• Harassment and intimidation

Ohio’s whistleblower law provides a private cause of action for those who qualify for the protections it offers. Critically, it allows a whistleblower who has been retaliated against or subjected to an adverse employment action to commence a lawsuit against their employer. If the employee can prove their case, they may be entitled to recover their back wages, fringe benefits, attorney fees, and reinstatement to their position.

What Other Remedies Do Whistleblowers Have?

The remedies provided by whistleblower statute do not always fully compensate an employee who was fired for whistleblowing — especially if reinstatement is not a possibility. In these instances, the employee may also be eligible to bring a common law claim for wrongful termination to recover front pay and other damages that are not available under the whistleblower law. Depending on the facts of the case, an employee who prevails in a wrongful termination lawsuit may also be entitled to injunctive relief, compensatory damages, emotional distress damages, treble damages, and punitive damages.

Significantly, an employee who was retaliated against for whistleblowing only has 180 days to take legal action against the employer under Ohio law. However, if they do not have a reasonable basis to report the information, the whistleblower protections do not apply. In other words, the whistleblower must have had an objectively reasonable and good faith belief based on the available information that the activity they reported constituted a protected violation.

Contact an Experienced Ohio Employment Law Attorney

Ohio’s whistleblower law can be complex — and it’s essential to fully understand your rights and remedies it provides if you’ve been retaliated against for reporting an employer’s wrongful activity. Located in Westlake and providing trusted representation to clients throughout Ohio, the employment law attorneys of Lalak LLC are committed to fighting for the rights of workers who have been subjected to adverse employment actions by their employers. Contact Lalak LLC today to schedule a free, confidential, no-obligation consultation and learn how we can assist you with your employment matter.