On May 7, 2019 House Bill 238 was introduced, proposing amendments to Ohio’s current whistleblower statute. A whistleblower is an employee who alerts the proper authorities that their employer is doing something illegal or otherwise against the public trust. Whistleblower laws are meant to protect employees from being retaliated against by their employers. The amendments expand the methods of reporting, the types of activities an employee may report, and change where reports may be filed. For employers, these amendments may give rise to factual disputes, create opportunities for employees to leverage unrelated claims, and increase the time and costs of resolving disputes.
First, the amendments expand the methods of reporting to include verbal reports. This addition will likely result in factual disputes over whether a report was filed, when it was filed and the contents of the report. For both parties this will increase the time, and therefore the costs, of resolving these disputes. Second, the proposed provisions would expand the types of activities an employee could report. One of the activities the amendments would cover would be “an act constituting waste of state or federal funds, abuse of authority, or gross mismanagement of a program.” However, the amendments do not specify what constitutes a waste of funds. Because of its vague language, this provision could open public employers up to disputes over policy when employees believe an expenditure is a waste. Furthermore, employers or the union could use this provision as an opportunity to make complaints over expenditures in order to leverage other unrelated matters. Lastly, the amendments would change the venue for filing and resolving disputes from the State Personnel Board of Review (“SPBR”) to the courts. As a result, it will be more costly and time consuming for employers to resolve disputes.
Overall, employers should be aware of the proposed amendments to Ohio’s whistle blower legislation and the likely impacts they’ll have on reporting and resolving claims. Given the proposed amendments, employers should establish and enforce strict reporting procedures and stay alert for unsubstantiated claims over the waste of state or federal funds.
Fishel Downey will monitor the process of this legislation and provide updates as it progresses. For assistance in developing reporting procedures for your organization, contact us.