Whistle blower policy(USA)
Whistleblower policies are critical tools for protecting individuals who report activities believed to be illegal, dishonest, unethical, or otherwise improper.
- does not retaliate against a whistleblower This includes but is not limited to, protection from retaliation in the form of an adverse employment action such as termination, compensation decreases, or poor work assignments, and threats of physical harm. Any whistleblower who believes he/she is being retaliated against must contact the Human Resources Director immediately. The right of a whistleblower for protection against retaliation does not include immunity for any personal wrongdoing that is alleged and investigated.
- Whistleblower protections in are provided in two important areas: confidentiality and retaliation. Insofar as possible, the confidentiality of the whistleblower will be However, identity (as per the circumstance) may have to be disclosed to conduct a thorough investigation, to comply with the law, and to provide accused individuals their legal rights of defense.
- Individuals protected include :
- the employee, or a person acting on behalf of the employee, who reports to a public body or is about to report to a public body a matter of public concern; or
- the employee who participates in a court action, an investigation, a hearing, or an inquiry held by a public body on a matter of public concern.
- does not discharge, threaten, or otherwise discriminate against an employee regarding the employee’s compensation, terms, conditions, location, or privileges of employment.
- It is the sole discretion of to may or may not disqualify an employee or other person who brings a matter of public concern or participates in a proceeding connected with a matter of public concern, before a public body or court, because of the report or participation, from eligibility to bid on contracts with the organization; receive land under a district ordinance; or receive another right, privilege, or benefit.
- The provisions of this policy do not
- require to compensate an employee for participation in a court action or in an investigation, hearing, or inquiry by a public body;
- prohibits from compensating an employee for participation in a court action or in an investigation, hearing, or inquiry by a public body;
- authorizes the disclosure of information that is legally required to be kept confidential; or
- diminish or impair the rights of an employee under a collective bargaining agreement.
- Limitation to protections :
- An employee of is not entitled to the protections under this policy unless he or she reasonably believes that the information reported is, or is about to become, a matter of public concern; and reports the information in good faith.
- A person is entitled to the protections under this policy only if the matter of public concern is not the result of conduct by the individual seeking protection unless it is the result of conduct by the person that was required by his or her employer.
- Before an employee initiates a report to a public body on a matter of public concern under this policy, the employee shall submit a written report concerning the matter to ’s compliance department as well as to the Human Resources Department.
- Relief and penalties :
- A person who alleges a violation of this policy may bring a civil action and the court may grant appropriate
- A person who violates or attempts to violate this policy is also liable for a civil fine of not more than ten thousand dollars ($10,000.00).
However, the final discussion shall be taken by the Compliance department upon reviewing the issue with the Management.
- Procedures :
- If an employee has knowledge of or a concern about illegal or dishonest/fraudulent activity, the employee is to contact his/her immediate supervisor or the Human Resources Department or to the Compliance All reports or concerns of illegal and dishonest activities will be promptly submitted by the receiving supervisor to the Human Resources Department as well to the Compliabce Head of , who is responsible for investigating and coordinating any necessary corrective action. Any concerns involving the Human Resource Director should be reported to the chief Compliance Head.
- The whistleblower is not responsible for investigating the alleged illegal or dishonest activity, or for determining fault or corrective measures; appropriate management officials of are charged with these responsibilities.
- Examples of illegal or dishonest activities include violations of federal, state, or local laws; billing for services not performed or for goods not delivered; and other fraudulent financial The employee must exercise sound judgment to avoid baseless allegations. An employee who intentionally files a false report of wrongdoing will be subject to disciplinary action.
Supplemental information
Definitions :
- “Whistleblower” is defined by this policy as an employee who reports, to one or more of the parties specified in this policy, an activity that he/she considers to be illegal, dishonest, unethical, or otherwise improper.
- “Employee,” or “public employee,” means a person who performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied, for the district.
- “Matter of public concern” means a. a violation of a state, federal, or municipal law, regulation, or ordinance; b. a danger to public health or safety; and/or c. gross mismanagement, substantial waste of funds, or a clear abuse of authority.
- “Public body” includes an officer or agency of
- the federal government;
- the state;
- a political subdivision of the state including a municipality or a school district; and
- d. a public university in the state.