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Whistleblower protection in the state of Nebraska for state…

Customer Question
Whistleblower protection in the...

Whistleblower protection in the state of Nebraska for state employees.

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

No, the manager is the individual who has committed the crime.

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

I am a member of the State Employee Union, however, state law is "at will." The job is hourly.

Submitted: 1 month ago.Category: Employment Law
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Answered in 2 minutes by:
3/15/2018
Employment Lawyer: Damien Bosco, Attorney replied 1 month ago
Damien Bosco
Damien Bosco, Attorney
Category: Employment Law
Satisfied Customers: 4,244
Experience: Helping you with your legal questions.
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Hello: My name is ***** ***** I am an attorney.

What would you like to know about the whistleblower laws?

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Customer reply replied 1 month ago
I'm employed by the State of Nebraska as an auditor for the Liquor Control Commission. I'm wondering what the risks are if I were to 'whistleblow' on my supervisor. The situation involves an audit that resulted in an assessment for a taxpayer as the result of erroneous calculations. I refused to sign off on the audit because I was confident that my analysis was the correct one. My supervisor assessed against the taxpayer anyways, using her own analysis, which was later proven incorrect (and which she admitted to).
Employment Lawyer: Damien Bosco, Attorney replied 1 month ago

Thanks for the additional information.

Whistleblower laws protect public sector employees (only). The laws protect them from retaliation for reporting any legal violation, "gross mismanagement" of public funds, or a situation creating a "substantial and specific" danger to public safety.

Do you believe your situation falls within one of those categories (possibly gross mismanagement)?

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Customer reply replied 1 month ago
I believe the actions of my supervisor to be both a legal violation and gross mismanagement of public funds.The wrongfully collected excise tax assessment was never returned to the taxpayer. Upon my supervisors admission that her calculations were wrong, she indicated that the money would be kept regardless because she felt that the taxpayer's documentation was lacking enough to provide a good enough reason to not return the money (there's nothing in statute defining what constitutes "good" or "bad" documentation).
Employment Lawyer: Damien Bosco, Attorney replied 1 month ago

Hold, please. Reviewing...

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Employment Lawyer: Damien Bosco, Attorney replied 1 month ago

Okay. If you report your finding and are retaliated against (such as termination) or would be able to be terminated, then you can take action.

Any state employee who has grounds to believe that retaliation in violation of the Act has happened or is imminent may take their retaliation complaint to the Nebraska Ombudsman’s Office for investigation and possible corrective action.

Once an employee has a finding from the Ombudsman’s Office supporting the employee’s allegation of retaliation, the employee then has the right to petition the State Personnel Board, or other relevant administrative authority, for a hearing within 90 days.

Here is a link that discusses all the issues:

https://nebraskalegislature.gov/pdf/ombudsman/lb475_rights.pdf

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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