Prohibitive Action

• When an employee or a representative makes a good faith effort to report practices that misuse public finances, property, or human resources, Idaho regulations make it illegal for officials to take adverse action against the employee. In addition, officials cannot penalize an individual for not partaking in an inquiry, hearing, legislative investigation, legal hearing, or other manner of governmental review that the individual believes violate laws, rules, or regulations that prohibit such activities. Individuals may also document and record violations or abuses without fear of retribution.
  
  

Corrective Action

• The whistleblower who communicates the illegal or wasteful activities should allow the employer "reasonable "opportunity to take corrective action to cure the defect or put a stop to the waste of resources.
  
  

Complaint

• The Idaho Whistleblower Law does not specify an entity that the employee should report the "illegal actions" to for the problem to be addressed. The employee making the claim of a violation of "protected activities" can file civil action asking for an immediate injunction to stop the adverse action, damages, or both. The individual must bring the action within 180 days of the date the action occurred. "Damages" is defined as any injury or loss caused by each violation of protected activities. It also includes attorney's fees and costs.
  
  

Hearing

• The employee has the burden of proof, by a preponderance of the evidence, to demonstrate that he had adverse action taken against him by the employer because he, or someone acting on his part, reported or intended to report an action that has protection under the Idaho Whistleblower Law. The individual must also demonstrate a connection between the adverse action and the report of prohibited activities.
  
  

Remedy

• If the court finds in the whistleblower's favor, it may order an injunction, which stops the adverse action against the employee, and the reinstatement of the whistleblower to the same job or an equivalent position. Restitution includes lost wages, benefits, and reasonable attorney's fees. The employers can receive a maximum fine of $500.
  
  

Expert Insight

• Tom Devine, who serves as the legal director of the Government Accountability Project, reports that most potential whistleblowers remain silent, not out of fear of the consequences for their job or careers, but because they truly believe that they cannot make a difference.