{"id":374042,"date":"2016-03-31T21:35:32","date_gmt":"2016-04-01T02:35:32","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/massachusetts-law\/massachusetts-whistleblower-laws.html"},"modified":"2016-06-20T19:50:13","modified_gmt":"2016-06-21T00:50:13","slug":"massachusetts-whistleblower-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/massachusetts-law\/massachusetts-whistleblower-laws.html","title":{"rendered":"Massachusetts Whistleblower Laws"},"content":{"rendered":"\n
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Massachusetts Whistleblower Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Most states have laws that prohibit retaliation, including termination or demotion, against employees who report dangerous, unethical, or otherwise unsavory acts by their employer. These so-called "whistleblower" laws<\/a> protect employees who otherwise might not step forward with important information. Unlike some other states, Massachusetts whistleblower only apply to public employers and have many qualifiers included.<\/p>\n

Learn more about Massachusetts’ whistleblower laws in the following table. See Whistleblower Retaliation Could Land You in Trouble<\/a> and the below links for more information.<\/p>\n\n

Code Section<\/b><\/p>\n<\/td>\n

Massachusetts\u2019 whistleblower law is located in Massachusetts General Laws Chapter 149, section 185.<\/p>\n<\/td>\n<\/tr>

Prohibited Employer Activity<\/b><\/p>\n<\/td>\n

An employer cannot discharge, suspend, demote, or take any other retaliatory action against an employee if the employee does one of the following:<\/p>\n

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  • Discloses or threatens to disclose a policy or practice that the employee believes is a violation of law or rule or is a risk to public health, safety or the environment;<\/li>\n
  • Provides information for an investigation or testifies at a hearing or inquiry about possible employer misconduct; or<\/li>\n
  • Objects or refuses to participate in violation of law or rule or practice that poses a risk to public health, safety, or environment<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Protection for Public or Private Employees?<\/b><\/p>\n<\/td>\n

Massachusetts\u2019 whistleblower laws apply to public employees.<\/p>\n<\/td>\n<\/tr>

Opportunity for Employer to Correct?<\/b><\/p>\n<\/td>\n

An employee must give written notice of the violation to the employer and allow the employer the opportunity to correct the issue unless one of the following applies:<\/p>\n

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  • The employee is certain supervisors know of violation and the situation is an emergency;<\/li>\n
  •  The employee reasonably fears physical harm will result from disclosure; or<\/li>\n
  • Unless the disclosure is evidence of a crime.<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Remedies<\/b><\/p>\n<\/td>\n

Within two years of any retaliatory actions, an employee or former employee can file civil action. The employee has the right to request a jury trial if desired.<\/p>\n

A judge can give all civil law tort remedies available including:<\/p>\n