Ohio Whistleblower Laws

The Ohio Whistleblower Protection Act is a two-part law that includes both public workers and private employees. Some public workers are mandated reporters and must report any known or reasonably suspected illegal conduct in specific public offices. Private employees are not required to report illegal activity, but are encouraged to do so.

Whistleblowing Defined

“Whistleblowers” are any employees who notify the proper authorities about violations of the law or public policy within a company. Whistleblowing may also occur when government or corporate insiders leak documents to the media. It’s recognized as an important way to reveal corporate and government malfeasance, since companies and government agencies prefer to keep their illegal conduct concealed.

Whistleblower statutes exist at the state and federal level. Several different types cover employee reporting. OSHA takes reports of unsafe working conditions, while the EEOC handles employment law violations. All agencies offer similar protections against employer retaliation.

Ohio Whistleblower Statutes

The Ohio whistleblower statute requires state employees and appointees to report theft, fraud, or misappropriation of public funds to the Ohio inspector general. For private employees, the protection applies when an employee has a reasonable belief that an act:

• Is a criminal offense
• Is a felony
• Is a hazard to public health or safety
• Creates an “imminent risk of physical harm” to other employees or the public
• If a public officer, an act that constitutes “improper solicitation” of funds

Although the statute protects the whistleblower from employer retaliation, the law requires an employee to strictly follow the steps outlined in the code.

Reporting a Possible Violation

Whistleblowers must follow a required process to report issues properly. This includes the following steps:

• Filing an internal report: Employees must provide oral notification to their supervisor or other responsible officer
• Filing a written report: The oral notification must be followed by a detailed report describing the alleged violation through direct reporting to regulatory agencies if there is an “imminent risk of physical harm” or to public health
• Employer investigation: The employer must notify the employee in writing within 24 hours or by the close of the next business day of their efforts to correct the violation or report that no violation occurred
• Report to authorities: If the employer fails to investigate or correct the issue within the statutory period, the employee must send a written report to the appropriate agency detailing the problem and the employer’s attempt to fix it

Missing any of these steps, or carrying them out in the wrong order, can result in the complaint being dismissed. It can also cause the employee to waive any right to protection from the statute.

Employees must make a “reasonable and good faith effort” to have accurate information when making a report. The information cannot be based on supposition or incomplete data. Employers can take disciplinary action against employees who falsify their report or make it in bad faith.

Prohibited Actions

If an employee reports a violation under the Whistleblower Protection Act, employers are prohibited from taking any retaliatory action against the reporter. These include:

• Termination or constructive discharge (placing an employee on indefinite suspension)
• Demotion, suspension, transfer, or withholding of promotion
• Withholding of raises, benefits, or salary increases
• Harassment, intimidation, or threats

Employers may also be held liable if other workers or managers carry out these actions and the employer knows of them and does not take corrective action.

Remedies for Retaliation

Employees have a right to bring a civil action for retaliation after filing a whistleblower report. The statute of limitations on these actions is 180 days from the retaliatory action. Employees must be aware of this deadline and be ready for such acts by their employer. The easiest type of action to claim is wrongful termination.

An attorney can explain the information you’ll need to prove your claim. You can sue for job reinstatement, back pay, restoration of benefits, attorney fees, and court costs.

Remedies and Deadlines

If you are retaliated against, you can bring a civil action in court. Available remedies may include reinstatement, back pay, lost benefits, and attorneys’ fees. A crucial detail is that you must typically file the claim within 180 days of the retaliatory action.

Get Legal Advice From an Ohio Employment Law Attorney

If you need to make a report about criminal violations or violations of public or company policy, it’s a good idea to consult an Ohio employment law attorney before making any statement or claim. The Ohio whistleblower protection law may protect you, but mistakes during filing can leave you exposed or see your claim denied. An attorney can examine your case, explain your options, and represent you throughout the process.

Ohio Whistleblower Laws: Related Resources

• Whistleblower Protections
• Employee Rights Center
• Find a Whistleblower Attorney