{"id":375721,"date":"2016-03-31T21:36:20","date_gmt":"2016-04-01T02:36:20","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/ohio-law\/ohio-whistleblower-laws.html"},"modified":"2016-06-20T14:00:00","modified_gmt":"2016-06-20T19:00:00","slug":"ohio-whistleblower-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/ohio-law\/ohio-whistleblower-laws.html","title":{"rendered":"Ohio Whistleblower Laws"},"content":{"rendered":"\n
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Ohio 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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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

A whistleblower is an employee who alerts the proper authorities and\/or news outlets that the company is doing something illegal or otherwise against the public trust. Therefore, whistleblower laws<\/a> are meant to protect employees from being retaliated against by their employers. Ohio whistleblower laws protect employees of both public and private organizations, who may file a civil lawsuit to recover damages.<\/p>\r\n

According to Ohio whistleblower law, prohibited actions in retaliation to an employee’s complaint or report about a legitimate violation include the following:<\/p>\r\n

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  1. Removing or suspending the employee from employment (i.e. termination);<\/li>\r\n
  2. Withholding from the employee salary increases or employee benefits to which the employee is otherwise entitled;<\/li>\r\n
  3. Transferring or reassigning the employee;<\/li>\r\n
  4. Denying the employee a promotion that otherwise would have been received; or<\/li>\r\n
  5. Reducing the employee in pay or position.<\/li>\r\n<\/ol>\r\n

    However, the law also makes it clear that any employee who chooses to "blow the whistle" on their employer must make a "reasonable and good faith effort" to make sure they have accurate information. In other words, exaggerating or misreporting a problem — which can seriously hurt an organization’s reputation — may result in termination or other disciplinary actions.<\/p>\r\n

    Any whistleblower who is retaliated against may file a civil suit against the employer (whether it’s a public or private entity) for remedies including reinstatement; payment of back wages; full reinstatement of fringe benefits and seniority rights; and reimbursement of legal expenses.<\/p>\r\n

    The basics of Ohio whistleblower laws are listed in the chart below. See Whistleblower Retaliation Could Land You in Trouble<\/a> for a small business perspective.<\/p>\r\n\r\n
    Code Section<\/td>\r\n4113.52<\/td>\r\n<\/tr>
    Prohibited Employer Activity<\/td>\r\nCan not take any disciplinary or retaliatory action including withholding pay, benefits, transfer\/reassigning, removing\/suspending, reducing pay\/position or denying a promotion; if employee reports a violation of state or federal statute, ordinance, or regulation of a political subdivision<\/td>\r\n<\/tr>
    Protection for Public or Private Employees?<\/td>\r\nBoth<\/td>\r\n<\/tr>
    Opportunity for Employer to Correct?<\/td>\r\nMust notify and file a report; employer has 24 hours to correct<\/td>\r\n<\/tr>
    Remedies<\/td>\r\nCan file a civil action for injunction, reinstatement, back pay, full fringe benefits and seniority rights, court and attorney’s fees. If employer deliberately violates statute, court can award interest on back pay<\/td>\r\n<\/tr>
    Penalties<\/td>\r\n–<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

    Note:<\/i><\/b> State laws are constantly changing — contact an Ohio employment attorney<\/a> or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

    Research the Law<\/h2>\r\n