Whistleblower Claims Attorney Louisville KY
In Kentucky, public employees are protected from retaliation or punishment when they disclose or report things like violations of the law, mismanagement, fraud, waste, or abuse of authority within public agencies. The Kentucky Whistleblower Act’s purpose is to protect public employees with knowledge of wrongdoing and who step forward to help uncover and disclose that information.
Whistleblowers play an essential role in maintaining government integrity, protecting taxpayer funds, and ensuring public safety. However, too often, those who raise concerns face demotion, harassment, suspension, or even dismissal. At Abney Law, we support Kentucky’s public servants – teachers, sanitation workers, law enforcement officers, clerical staff, and agency employees – who risk their careers by exposing corruption, inefficiency, or dangerous situations. If you have been retaliated against for doing what is right, you do not have to face this alone.
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Who is Protected by the Kentucky Whistleblower Act?
The Act protects public employees who work for the state or a “subdivision” of the state. This includes employees of state agencies, county employees, and employees of agencies like water districts.
Specifically, protected employees include:
- State government workers, such as those in the Department of Transportation, Corrections, and Education.
- County and city employees, including sheriff’s deputies, public works staff, and administrative personnel.
- Employees of public universities and community colleges.
- Workers at special districts, such as fire protection districts, housing authorities, and transit agencies.
- Public school teachers and support staff employed by local boards of education.
It is important to note that the law covers full-time, part-time, temporary, and seasonal public employees, as long as they are employed by a qualifying public entity and are on their payroll.
Does the Kentucky Whistleblower Act Protect Me if I Work for a Private Employer?
The short answer to this question is no, the Kentucky Whistleblower Act does not protect employees of private companies. If your private employer is contracting with the state or acting on behalf of the state, in certain specific instances, you could be protected by the Kentucky Whistleblower Act.
However, private-sector employees are not without recourse. There are numerous federal and state laws that offer whistleblower protection depending on the nature of the misconduct reported. For example:
- The False Claims Act protects employees who report fraud against the government, even if they work for a private contractor.
- OSHA-administered statutes protect workers who report environmental violations, workplace safety hazards, or financial fraud in publicly traded companies.
- The Affordable Care Act provides protection for healthcare workers who report patient safety issues or insurance fraud.
- Sarbanes-Oxley and Dodd-Frank Acts apply to employees in finance and accounting who uncover securities fraud.
Our attorneys will analyze your employment situation and the subject of your complaint to determine which laws may apply, even if you are not a traditional “public employee.”
What Type of Reports Qualify as Whistleblowing?
The Kentucky Whistleblower Act protects public employees when they blow the whistle on “an actual or suspected violation of any law, statute, executive order, administrative regulation, mandate, rule, or ordinance of the United States, the Commonwealth of Kentucky, or any of its political subdivisions, or any facts or information relative to actual or suspected mismanagement, waste, fraud, abuse of authority, or a substantial and specific danger to public health or safety.” KRS § 61.102. Protected reports can include reports of misuse of funds, violations of departmental rules or regulations, and violations of the law.
Protected reports can include:
- Misuse of public funds or procurement fraud
- Violations of departmental rules or regulations
- Cover-ups of safety hazards in public buildings or infrastructure
- Discriminatory hiring or promotion practices in government offices
- Failure to follow mandated reporting procedures (e.g., child abuse, elder neglect)
- Environmental violations by public utilities or agencies
It is important to note that you do not need to prove that the violation actually occurred. Instead, you only need to have a reasonable and good-faith belief that wrongdoing is taking place. This ensures that employees are not silenced by fear of being “wrong”.
Strict Deadlines Apply—Don’t Delay
Under the Kentucky Whistleblower Act, it is necessary to file a lawsuit in a state court within one year of the occurrence of retaliatory actions. This time limit is strict and cannot be extended simply because the individual attempted to resolve the matter internally.
Federal whistleblower claims often have even shorter time frames – some as brief as 30 to 180 days from the date of retaliation. Due to the fact that multiple laws may be applicable to your situation, it is essential to seek early legal advice in order to preserve all of your rights.
Potential Remedies for Whistleblowers
If your claim is successful, you may be eligible for:
- Reinstatement to your previous position
- Back pay and front pay for lost wages and benefits
- Compensation for emotional distress, anxiety, and reputational harm
- Punitive damages (if the employer acted with malice or reckless indifference)
- Attorney’s fees and litigation costs
Additionally, in some cases, the court may order policy changes, mandatory training, or independent monitoring to prevent future retaliation.
Why You Need an Experienced Whistleblower Attorney
Whistleblower cases can be legally complex and require a lot of factual information. Employers may argue that their adverse actions were based on performance or budget cuts, rather than the whistleblower’s report. To build a strong case, it is essential to have thorough documentation, conduct interviews with witnesses, and strategically frame the legal argument.
Be aware that laws like the federal Whistleblower Protection Act protects federal employees, and the False Claims Act can protect certain private employees when they blow the whistle on fraudulent actions taken against the federal government.
At Abney Law, we represent public employees in the Louisville area. From correctional officers reporting on inmate abuse, to clerks exposing embezzlement in county offices, we understand the unique challenges public servants face, and the importance of speaking out when necessary. We approach each case with discretion, urgency, and an unwavering commitment to advocating for our clients.
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Take the First Step Toward Justice Today
You didn’t enter public service to seek fame or fortune – you did it to serve your community. When you see waste, fraud, or danger, your conscience drives you to act. The law is there to support you. Let’s make sure it does.
If you think you have been retaliated against for because you blew the whistle on a bad actor, contact the attorneys at Abney Law online or call (502) 498-8585 to schedule a free consultation.
Common Whistleblower Claims FAQs
The Act protects employees of the state, a county, a city, or any “political subdivision” of the Commonwealth. This includes employees of state agencies, public schools and universities, county and municipal governments, sheriff’s offices, fire districts, water districts, and public libraries. It generally does not cover employees of private companies, unless you are a direct employee of a private entity that is under contract to perform a core governmental function and you meet specific legal criteria.
The law protects reports of “an actual or suspected violation” of law, rule, or ordinance, as well as disclosures related to “mismanagement, waste, fraud, abuse of authority, or a substantial and specific danger to public health or safety.” This covers a wide range, including misuse of public funds, ethical violations, illegal activities by officials, safety hazards that endanger the public, and gross inefficiency or incompetence that constitutes mismanagement.
To receive protection, your disclosure must be made to an “appropriate body” or authority. This generally includes: your direct supervisor, an internal auditor or inspector general, a member of the governing legislative body (e.g., a city council member, a state legislator), a law enforcement agency, or a government agency with oversight over the subject matter. Making a public disclosure on social media or to the news media may not be protected unless you have first reported it to an appropriate authority and no corrective action was taken.
No, firing you for making a protected disclosure is illegal retaliation. Retaliation also includes other adverse employment actions such as demotion, suspension, reduction in pay or benefits, transfer to a less desirable position or location, hostile work environment, denial of promotion, or any action that would deter a reasonable employee from reporting misconduct. The law is designed to protect you from all forms of punitive action for your good-faith report.
Potentially, but the analysis is complex. The Kentucky Whistleblower Act’s protections may extend to employees of private contractors if you can show you are, in effect, performing a public function and the reported misconduct relates to that governmental contract or public funds. More commonly, private sector employees are protected by other laws, such as the federal False Claims Act (for reporting fraud against the government), OSHA (for reporting safety violations), or Sarbanes-Oxley (for reporting securities fraud). An attorney can identify the specific law that applies to your situation.
Successful claimants can obtain significant remedies to make them whole and punish the wrongdoing. These include: Reinstatement to your former position; Back pay for lost wages and benefits; Front pay if reinstatement isn’t feasible; Compensation for emotional distress and harm to reputation; Punitive damages; and payment of your attorney’s fees and court costs. In cases under laws like the False Claims Act, you may also be entitled to a percentage of the funds recovered for the government.
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