Whistleblower Protection Laws
In Oregon, several statutes provide whistleblower protections to employees:
ORS 659A.199: This statute makes it unlawful for an employer to retaliate against an employee for reporting, in good faith, information that the employee believes is evidence of a violation of state or federal law, rule, or regulation.
https://www.oregon.gov/boli/civil-rights/Pages/whistleblowing-protections.aspx
ORS 659A.200 to 659A.224: These sections offer protections for public employees who disclose information about violations of laws, mismanagement, gross waste of funds, abuse of authority, or substantial and specific dangers to public health and safety.
Oregon Legislative Information System
https://olis.oregonlegislature.gov/liz/2019I1/Downloads/CommitteeMeetingDocument/224644
ORS 659A.230: This statute prohibits employers from retaliating against employees who, in good faith, report criminal activity, file a civil proceeding, or cooperate with law enforcement.
https://www.oregon.gov/boli/civil-rights/Pages/whistleblowing-protections.aspx
ORS 654.062(5): This provision protects employees from discrimination or retaliation for opposing unsafe or unhealthy working conditions or for making complaints related to occupational safety and health.
https://www.oregon.gov/boli/civil-rights/Documents/whistleblower-protections.pdf
These statutes collectively ensure that employees in Oregon can report violations, unsafe conditions, or other concerns without fear of retaliation.
Contracted providers who are neither consumers nor employees may seek whistleblower protections under specific statutes or legal principles that extend protections to independent contractors in certain situations. In Oregon, whistleblower protections typically cover employees, but contractors may also be shielded under broader federal or state laws if they report violations or unsafe practices. Examples include:
Relevant Protections for Contracted Providers
Federal Whistleblower Laws
False Claims Act (31 U.S.C. § 3729-3733): Protects individuals, including contractors, who report fraudulent claims made against government programs, such as Medicaid or Medicare.
Sarbanes-Oxley Act (18 U.S.C. § 1514A): Provides protections for contractors of publicly traded companies who disclose evidence of fraud.
Oregon-Specific Laws
ORS 659A.199: Although primarily for employees, this statute may cover contractors who report violations of state or federal laws under certain circumstances, especially when public funds are involved.
ORS 659A.230: Protects individuals who report criminal activities, which could include contractors depending on the nature of their engagement.
Federal Agency Oversight
In cases where state laws fall short, contracted providers may report their concerns to federal agencies like the Occupational Safety and Health Administration (OSHA) or the Office of Inspector General (OIG), which enforce whistleblower protections that can extend to non-employee contractors in some cases.
If you're a contracted provider facing retaliation, it’s advisable to consult legal counsel to identify the most applicable protections based on your role and the specific circumstances of your case.