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State Officers and Employees | |
Utah Protection of Public Employees Act | |
Section 3 | Reporting of governmental waste or violations of law -- Employer action -- Exceptions. |
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67-21-3. Reporting of governmental waste or violations of law -- Employer action --
Exceptions. (1) (a) An employer may not take adverse action against an employee because the employee, or a person authorized to act on behalf of the employee, communicates in good faith the existence of any waste of public funds, property, or manpower, or a violation or suspected violation of a law, rule, or regulation adopted under the law of this state, a political subdivision of this state, or any recognized entity of the United States. (b) For purposes of Subsection (1)(a), an employee is presumed to have communicated in good faith if he gives written notice or otherwise formally communicates the waste, violation, or reasonable suspicion to the state auditor. This presumption may be rebutted by showing that the employee knew or reasonably ought to have known that the report is malicious, false, or frivolous. (2) An employer may not take adverse action against an employee because an employee participates or gives information in an investigation, hearing, court proceeding, legislative or other inquiry, or other form of administrative review held by the public body. (3) An employer may not take adverse action against an employee because the employee has objected to or refused to carry out a directive that the employee reasonably believes violates a law of this state, a political subdivision of this state, or the United States, or a rule or regulation adopted under the authority of the laws of this state, a political subdivision of this state, or the United States. (4) An employer may not implement rules or policies that unreasonably restrict an employee's ability to document the existence of any waste of public funds, property, or manpower, or a violation or suspected violation of any laws, rules, or regulations.
Amended by Chapter 324, 2010 General Session |
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