If you encounter something at work that you believe is illegal, fraudulent, or potentially dangerous, speaking up can feel risky. You may wonder whether you should report it, who you should tell, and whether your employer can punish you for saying something.
Employees who report certain types of wrongdoing can be considered whistleblowers and may have legal protections against retaliation. But there isn’t one Massachusetts whistleblower law that applies to every workplace report. Your rights can depend on who you work for, what you report, how you report it, and which state or federal law applies.
Massachusetts law includes protections for many public employees, workers who report or try to stop fraud involving state or local government funds, and certain health care professionals. Other state and federal protections may also apply. Understanding which law covers your situation can be especially important before you make a report or if you’ve already spoken up and believe your employer is treating you differently because of it.
Key Takeaways
- Whistleblower protections can apply to both public- and private-sector employees, depending on where they work and what they report.
- Different laws may protect public employees, workers who report fraud involving government funds, and certain health care professionals.
- Retaliation can include termination, suspension, demotion, harassment, lost pay, reduced responsibilities, or other significant negative employment actions.
- How, when, and to whom an employee reports a concern can affect their legal protections.
- Reporting requirements and filing deadlines vary, so it can be important to understand which law applies.
What Does It Mean to Be a Whistleblower?
The term “whistleblower” often brings to mind a government employee exposing corruption or someone publicly revealing major corporate wrongdoing. In reality, whistleblowing can happen in many different workplace situations.
Depending on the applicable law, protected whistleblowing activity may include:
- Reporting conduct you reasonably believe violates a law or regulation;
- Raising concerns about false or fraudulent claims involving government funds;
- Reporting certain threats to public health, safety, or the environment;
- Providing information or testimony as part of a government investigation;
- Reporting unsafe or potentially dangerous patient care in certain health care settings; or
- Objecting to or refusing to participate in conduct you reasonably believe is unlawful.
That doesn’t mean every disagreement with an employer is whistleblowing. An employee who objects to a decision because they believe it is unfair, poorly managed, or against company policy isn’t necessarily engaging in legally protected activity. The report or conduct generally must fall within the scope of a particular law.
Which Massachusetts Laws Protect Whistleblowers?
Different Massachusetts laws protect different workers and different types of reports. The following three laws illustrate how those protections can apply.
1. Massachusetts Whistleblower Act: Public Employees and Certain Public Utilities
The Massachusetts Whistleblower Act primarily protects employees of the Commonwealth and its agencies and political subdivisions, including cities, towns, counties, and regional school districts. It also covers employees of certain gas and electric public utility providers.
Under this law, covered employers generally can’t retaliate against an employee because the employee:
- Disclosed or threatened to disclose conduct they reasonably believed violated a law or regulation or posed a risk to public health, safety, or the environment;
- Provided information or testimony to a public body conducting an investigation, hearing, or inquiry; or
- Objected to or refused to participate in conduct they reasonably believed violated a law or regulation or posed a risk to public health, safety, or the environment.
This is a significant protection for covered public employees, but it isn’t the only source of whistleblower rights in Massachusetts.
2. Massachusetts False Claims Act: Reporting Fraud Against the Government
Private-sector workers may also have whistleblower protections when their concerns involve fraud against the government.
The Massachusetts False Claims Act protects certain employees, contractors, and agents who report or try to stop false or fraudulent claims involving state or local government funds.
These protections are not limited to public employees. They may apply to private-sector workers whose employers do business with state or local governments. The law prohibits retaliation such as termination, demotion, suspension, threats, harassment, or other discriminatory treatment because of protected whistleblowing activity.
Examples of suspected fraud may include:
- Billing a state or local government for goods or services that weren’t actually provided;
- Knowingly submitting false information to obtain government payment or reimbursement; or
- Using false or fraudulent claims to obtain or retain government funds.
A private employer can therefore face whistleblower-retaliation issues when an employee’s actions are protected by the False Claims Act or another applicable law.
3. Health Care Whistleblower Protections
Massachusetts law provides separate whistleblower protections for qualifying health care providers who work for certain health care facilities.
Protected activity may include:
- Reporting practices the worker reasonably believes violate a law, regulation, or professional standard and pose a risk to public health;
- Providing information or testimony during an investigation, hearing, or inquiry;
- Objecting to or refusing to participate in an unlawful or professionally improper practice that may put public health at risk; or
- Participating in peer review or filing a report, complaint, or incident report concerning unsafe or dangerous care.
These protections do not automatically cover everyone who works for a health care organization. Coverage can depend on the worker’s role, the type of facility, and how the concern was reported.
What About Other State and Federal Whistleblower Protections?
These three Massachusetts laws aren’t the only possible sources of protection. Other state laws contain anti-retaliation provisions for particular reports, industries, professions, or workplace rights. Massachusetts common law may also provide a remedy in some circumstances when an at-will employee is terminated for a reason that violates a clearly established public policy.
Federal laws may also protect workers who report or oppose wrongdoing involving workplace safety, securities, health care, government contracting, transportation, environmental concerns, discrimination, and other regulated conduct.
Which law applies depends on the employee, employer, industry, conduct being reported, and steps the employee took. This article provides an overview rather than a complete catalog of every possible protection.
What Does Whistleblower Retaliation Look Like?
Although the details vary by law, whistleblower protections generally prohibit retaliation for legally protected reporting or other protected activity.
Possible signs of retaliation may include:
- Termination;
- Suspension or demotion;
- Harassment, threats, or denial of a promotion;
- Reduced hours, pay, responsibilities, or benefits;
- Undesirable assignments;
- Disciplinary action that appears inconsistent with previous treatment; or
- Another significant negative change to the terms or conditions of employment.
Timing can be relevant, but timing alone doesn’t necessarily prove retaliation. Generally, there must be a connection between the employee’s legally protected activity and the employer’s adverse action.
Do You Have to Report the Problem to Your Employer First?
There is no single reporting procedure that applies to every whistleblower claim. Whether an employee must report internally, provide written notice, contact a government agency, or take another step depends on the law involved.
For some public employees and health care providers, protection for certain reports to a government agency may depend on first giving written notice to a supervisor or manager and allowing the employer a reasonable opportunity to address the problem.
Exceptions may apply in emergencies, when an employee reasonably fears physical harm, or when a report is made to provide evidence of a suspected crime. The Massachusetts False Claims Act and federal whistleblower laws may follow different procedures. Employees should not assume that the reporting rules under one law apply to every situation.
What Should You Do If You’re Concerned About Retaliation?
If you’ve reported suspected wrongdoing, or are considering doing so, keeping an accurate record of what happened can be important.
Depending on your situation, consider documenting:
- What you observed or learned;
- When you first raised the issue;
- Who you reported it to;
- Whether your report was made verbally or in writing;
- How the employer responded; and
- Any significant changes in your employment afterward.
Preserve relevant emails, messages, performance reviews, disciplinary documents, and other records that you’re legally entitled to retain. Employees should be cautious about taking confidential, proprietary, patient, client, or otherwise restricted information simply because they believe it could be relevant to a dispute.
If an employer terminates an employee after they report wrongdoing, there may also be issues involving wrongful termination in addition to whistleblower or retaliation protections.
What Remedies May Be Available for Whistleblower Retaliation?
Potential remedies depend on which law applies and the circumstances of the case. They may include reinstatement, restored seniority and benefits, back pay or other compensation, court orders stopping continued retaliation, and attorneys’ fees and costs.
Filing deadlines also vary. Claims under the Massachusetts laws discussed above generally must be brought within two or three years, while some federal laws have much shorter deadlines or require an administrative complaint. Waiting can affect an employee’s options.
Speaking Up at Work? Know Which Protections Apply to You
You don’t have to be a government employee or expose a national scandal to potentially qualify as a whistleblower. But simply reporting something you believe is wrong doesn’t automatically provide the same legal protections in every workplace.
Whistleblower claims can depend on what was reported, who the employer is, the employee’s position, which law applies, how the employee raised the concern, and what the employer did afterward.
If you’ve reported suspected illegal conduct at work and believe you’re facing retaliation, or you’re considering reporting serious wrongdoing and aren’t sure what protections apply, an experienced Massachusetts employment attorney can help you understand your options.
Rodman Employment Law advises employees throughout Massachusetts on whistleblower concerns, workplace retaliation, wrongful termination, and other employment law matters. Contact our team to discuss your situation.
