Whistleblower Protections
If you’re a government employee or contractor who witnesses misconduct, you have legal protections. Understanding these protections before you report can help you navigate the process safely.
Michigan Whistleblowers’ Protection Act
Michigan’s primary whistleblower law (MCL 15.361-15.369) protects employees who report violations of law.
Who’s Protected
- Public employees (state, county, municipal)
- Private employees
- Employees who report to public bodies or are about to report
What’s Protected
- Reporting violations of local, state, or federal law
- Reporting violations of rules or regulations
- Participating in investigations or hearings
What Employers Cannot Do
- Terminate or threaten to terminate
- Demote or deny promotion
- Reduce compensation or benefits
- Reassign to lesser duties
- Take any other adverse employment action
How to Report Under Michigan Law
Step 1: Report to a “Public Body” Michigan law protects reports made to:
- Law enforcement agencies
- Courts
- Legislators
- State or federal agencies
- Supervisors (if they have authority to address the issue)
Step 2: Document Everything
- Keep copies of your report
- Note dates, times, and recipients
- Save any acknowledgments
- Document any subsequent adverse actions
Step 3: Be Specific Your report should identify specific laws, rules, or regulations being violated — not just general complaints.
Federal Whistleblower Protections
False Claims Act (Qui Tam) Allows individuals to file lawsuits on behalf of the government against those defrauding government programs. Whistleblowers can receive 15-30% of recovered funds.
First Amendment Protections Public employees have First Amendment protections for speech on matters of public concern, though with limitations for speech made as part of official duties.
Section 1983 Protects against retaliation by government officials for exercising constitutional rights.
For Law Enforcement Employees
Law enforcement officers who report misconduct face unique challenges. Key protections:
Michigan Law Enforcement Officers’ Bill of Rights Provides procedural protections during internal investigations.
Garrity Protections Statements compelled during internal investigations generally cannot be used in criminal proceedings against you.
Union Protections If you’re in a union, your collective bargaining agreement may provide additional protections.
Before You Blow the Whistle
Consult an attorney first Whistleblower cases are complex. Get legal advice before reporting if possible.
Understand the risks Despite legal protections, retaliation happens. Be prepared for potential workplace difficulties.
Document preemptively Start documenting your good performance and any evidence of the misconduct before reporting.
Know your audience Choose carefully who you report to. Some reports are more protected than others.
Consider anonymous reporting If available, anonymous hotlines or tips may allow you to report without exposure.
Signs of Retaliation
Retaliation isn’t always obvious. Watch for:
- Sudden negative performance reviews
- Exclusion from meetings or communications
- Reassignment to undesirable duties
- Increased scrutiny or micromanagement
- Denial of previously approved requests
- Hostile treatment from supervisors or colleagues
- Investigation into unrelated matters
If You Experience Retaliation
Document immediately Record every incident with dates, times, witnesses, and details.
File internal complaints Use HR or internal grievance procedures to create a record.
File with appropriate agencies
- Michigan Department of Labor and Economic Opportunity
- Equal Employment Opportunity Commission (if discrimination involved)
- Office of Special Counsel (federal employees)
Consult an attorney Retaliation claims have deadlines. Don’t wait.
Filing a Whistleblower Lawsuit in Michigan
Deadline You must file within 90 days of the alleged violation under the Michigan Whistleblowers’ Protection Act.
Remedies Available
- Reinstatement to your position
- Back pay and benefits
- Compensation for damages
- Attorney fees and costs
Burden of Proof You must show:
- You engaged in protected activity
- Your employer knew about it
- You suffered an adverse action
- The protected activity was a cause of the adverse action
Resources
Government Accountability Project whistleblower.org National nonprofit supporting whistleblowers with resources and advocacy.
National Whistleblower Center whistleblowers.org Legal advocacy organization for whistleblower rights.
Michigan Department of Labor michigan.gov/leo Files and investigates whistleblower retaliation complaints.
OSHA Whistleblower Protection Program whistleblowers.gov Enforces federal whistleblower protections.
Anonymous Reporting Options
If you’re not ready to identify yourself:
FBI Tips tips.fbi.gov For reporting public corruption and civil rights violations.
Michigan Attorney General michigan.gov/ag For reporting public integrity concerns.
News Organizations Investigative journalists often protect source confidentiality.
This Website We accept anonymous tips through our contact page.