Are there any whistleblower protections in massachusetts
If you are a non-governmental employee, the Massachusetts common law prohibits your firing for doing what the law requires, refusing to do what the law forbids, or for objecting to a well-established, clearly defined public policy. Certain conditions must apply before you can seek protection under the Whistleblower Protection Act or Massachusetts whistleblower laws.
If you want to blow the whistle on your employer, the best person with whom to discuss your concerns is an attorney well-versed in the broad range of evolving whistleblower protections. Laws Ann. Statutes protecting whistleblowers who report fraud against government. Massachusetts False Claims Act. Citation Mass. The amount shall be not less than 25 per cent nor more than 30 per cent of the proceeds recovered and collected in the action or settlement of the claim, and shall be paid out of such proceeds.
If the relator bringing the action is convicted of criminal conduct arising from his role in the violation of this section, the relator shall be dismissed from the civil action and shall not receive any share of the proceeds of the action. Such dismissal shall not prejudice the right of the attorney general to continue the action. Actions brought against governor, lieutenant governor, attorney general, treasurer, secretary of state, etc. Money recovered by commonwealth; false claims prosecution fund.
Awards of attorney general fees and expenses; awards of costs and attorney fees against relators; liability. Employers preventing employees from acting to further false claim actions; liability. No employer shall require as a condition of employment, during the term of employment or at the termination of employment that any employee, contractor or agent agree to, accept or sign an agreement that limits or denies the rights of such employee, contractor or agent to bring an action or provide information to a government or law enforcement agency pursuant to said sections 5B to 5O, inclusive.
Any such agreement shall be void. An employee, contractor or agent may bring an action in the appropriate superior court, the superior court of the county of Suffolk or any other appropriate court for the relief provided in this section. Limitation of actions; intervention by attorney general; final judgments in criminal proceedings. A civil action pursuant to sections 5B to 5O, inclusive, may be brought for acts or omissions that occurred prior to the effective date of this section, subject to the limitations period set forth in this section.
For statute of limitations purposes, any such pleading shall relate back to the filing date of the complaint of the person who originally-brought the action, to the extent that the claim of the attorney general arises out of the conduct, transactions or occurrences set forth, or attempted to be set forth, in the prior complaint of that person. Preponderance of the evidence standard. In any action brought pursuant to sections 5B to 5O, inclusive, the party bringing the action shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.
Rules, regulations or guidelines; attorney general. Civil investigative demands; attorney general. The attorney general may delegate to an assistant attorney general the authority to issue civil investigative demands under this section.
Notice of the time and place of taking oral testimony shall be given by the attorney general at least ten days prior to the date of such taking of testimony or examination, unless the attorney general or an assistant attorney general designated by the attorney general determines that exceptional circumstances are present which warrant such taking of testimony within a lesser period of time. In some cases, employers may attempt to take retaliatory action by discharging, suspending, or demoting a whistleblower.
However, there are a variety of state and federal laws which protect whistleblowing employees from employer retaliation.
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