WRONGFUL TERMINATION/RETALIATION
Wrongful termination is a broad term. Here, we intend it to encompass any employment termination in which an employer violates an employee’s rights for reasons other than discrimination. Although breaching an employment contract falls under this description, most wrongful termination claims that we handle involve employers terminating (or disciplining) employees who report illegal activity at work.
RHODE ISLAND’S WHISTLEBLOWER PROTECTION ACT
The purpose of the Rhode Island’s Whistleblower Protection Act is to “encourage the prompt reporting and early, amicable resolution of potentially dangerous [or unlawful] workplace situations, and to protect those employees who do report such violations.”
Under the Whistleblower Protection Act, an employer cannot discharge, threaten, or otherwise discriminate against an employee:
- Because the employee, or a person acting on behalf of the employee, reports or is about to report to a government agency or department a violation of a Rhode Island or Federal laws or regulations; or
- Because the employee participates in an investigation, hearing, or inquiry held by law enforcement or other government agency or testifies in any court action; or
- Because the employee refuses to violate or assist in violating a federal or state law, rule, or regulation; or
- Because the employee reports to the employer (including reports to the employee’s supervisor or the company’s human resource department) such a violation, which the employee knows or reasonably believes has occurred or is about to occur.
It’s important to keep in mind that when the Whistleblower Act was written, legislators understood that most employees aren’t lawyers and don’t have an in-depth understanding of law. As a result, there is no requirement in the Whistleblower Act that employees identify by name or legal citation the statute or regulation they believe is being violated at the time the complaint is being made. The evidence must show, however, that employees communicated that he or she believed illegal activities were occurring or likely to occur – complaining about a breach of contract, violations of company rules, or a violation of ethical standards of a particular industry are usually not enough to trigger the Act’s protections (even if it is later discovered that laws were also violated).
