Protection of employees reporting violations of federal, state, or
local laws; disciplinary actions; procedures
Sec. 3. (a) An employee of a private employer that is under public
contract may report in writing the existence of:
(1) a violation of a federal law or regulation;
(2) a violation of a state law or rule;
(3) a violation of an ordinance of a political subdivision (as
defined in IC 36-1-2-13); or
(4) the misuse of public resources;
concerning the execution of public contract first to the private
employer, unless the private employer is the person whom the
employee believes is committing the violation or misuse of public
resources. In that case, the employee may report the violation or
misuse of public resources in writing to either the private employer
or to any official or agency entitled to receive a report from the state
ethics commission under IC 4-2-6-4(b)(2)(G) or IC 4-2-6-4(b)(2)(H).
If a good faith effort is not made to correct the problem within a
reasonable time, the employee may submit a written report of the
incident to any person, agency, or organization.
(b) For having made a report under subsection (a), an employee
may not:
(1) be dismissed from employment;
(2) have salary increases or employment related benefits
withheld;
(3) be transferred or reassigned;
(4) be denied a promotion that the employee otherwise would
have received; or
(5) be demoted.
(c) Notwithstanding subsections (a) through (b), an employee
must make a reasonable attempt to ascertain the correctness of any
information to be furnished and may be subject to disciplinary
actions for knowingly furnishing false information, including
suspension or dismissal, as determined by the employer. However,
any employee disciplined under this subsection is entitled to process
an appeal of the disciplinary action as a civil action in a court of
general jurisdiction.
(d) An employer who violates this section commits a Class A
infraction.
As added by P.L.32-1987, SEC.3. Amended by P.L.9-1990, SEC.14.
Last modified: May 27, 2006