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Under what circumstances is the State of Illinois immune to charges of violating the Illinois Whistleblowers Protecdtion Act?

Hammond, IN |

I was an employee with the Satate of Illinois. I reported the employer to the authorities under the Illinois Whistleblower Protection Act. I was later discharged. I was later told by another state investigative agency that my employer was immune to the charge of violating the Act. How is this so?

Attorney Answers 2


I am not sure that the information you received is accurate. The Illinois Whistleblower Act is very broad. More facts, however, are needed to answer your question. You should contact an experienced employment lawyer as soon as possible. Many of us, myself included, will provide a free initial consultation.

This answer is provided for informational purposes only and should not be relied on as legal advice. You should be aware that no attorney-client relationship is established through this answer and none will be established without a personal consultation and the signing of an engagement agreement.

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This is general info only as I am not an Indiana-licensed attorney. But I have substantial experience in whistle-blowing issues, including as they often play out in employment cases in federal court, so I offer this insight for what it may be worth.

The difficulty with the legal schemes pertaining to "whistle-blowing" is that it can be almost impossible for an employee to determine in advance whether the intended report (in reliance on the w-b law) will in fact receive the protections of the w-b laws. All too often the legal and technical definitions in w-b laws are not satisfied by the nature or content of the reported info, and the report then does not meet the standards for specific w-b legal protections. That post-hoc determination can leave the employee in the awful position of having made the report and then learning that there is no protection. That often translates to loss of employment without meaningful legal recourse.

Routinely it is my practice to advise clients (and the public through Avvo and other resources) to ALWAYS check with an attorney BEFORE making any report in the expectation of legal protection based on w-b status and laws. It is just too dangerous and too common to suffer loss of employment with no recourse from an unprotected report that was erroneously believed to constitute whistle-blowing.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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