This is called a Qui tam action. Unfortunately, the scope of whistle-blower protection under the act is an issue that often divides the courts. The NWC has sponsored the No Fear Act of 2000. As a notification bill, this legislation addresses the common problem of employees often being unaware of their legal rights and remedies and the pertinent time lines of these laws. The No Fear Act of 2000 requires employers to notify employees of their rights under whistle-blower protection laws.
Many states have laws addressing whistle-blower protection.
The section specifies that nurses, patients, and others are encouraged to notify government entities of suspected unsafe patient care and conditions. The section states that health care facilities shall not discriminate or retaliate in any manner against a patient or employee because that individual presented a grievance or complaint or participated in an investigation by a government entity of the facility. The law articulates fines and indicates that any complaint of discriminatory treatment of a patient or employee, filed within 180 and 120 days respectively, shall raise a rebuttable presumption that the action was taken by the health care facility in retaliation for the filing of the grievance or complaint. A rebuttable presumption places the burden of proof that the action was not retaliatory on the employer first. The law also articulates remedies, including reinstatement and reimbursement for lost wages, work benefits, and legal costs associated with pursuing the case.