It is very important for every employee and employer to be fully aware of the various aspects of employment law. Tayeb Hyderally is an expert NJ employment lawyer who has made it his business for several years to educate both about the importance of keeping the workplace free from discriminatory or retaliatory practices. Many would like to think that these types of things do not occur in our world, and that somehow we have grown past them; however, that sadly is not true. It takes the expertise of lawyers like Ty Hyderally to sort it all out for us and keep us informed in the vast world of employment law.
The Sandusky trial is over and he has been found guilty of 46 separate counts. But the legal battles are still continuing inside the courtroom for Mike McQueary. However, Mike McQueary is the assistant football coach whose testimony of seeing Mr. Sandusky engaged in inappropriate actions with a young boy in the Penn State locker room has filed a suit with his attorney stated he has an employment dispute. He filed the suit in the courts as a whistleblower case. McQueary alleges that once he blew the whistle on Jerry Sandusky by reporting the infractions he witnessed, that he subsequently was fired from his position. Of course, Penn State’s response is that they had other reasons behind his termination stating he did not complete the job-related tasks that were assigned to him. This is turning out to be a standard whistleblower case.
A whistleblower is someone who witnesses and reports a wrongdoing at the workplace. It can be someone who did not follow policy, or any sort of infraction that is reported. Whistleblowers are protected from retaliatory actions by their superiors. This does not always have to be termination; it can be a reduction in pay, being moved to another less appropriate department, a reduction of job responsibilities or seclusion of any kind. Instead of praising an employee for pointing out an area that needs attention and change they retaliate against the employee. However the biggest challenge for his McQueary’s lawyer will be to prove that he was retaliated against because of some form of lawful or legally protected conduct.
McQueary may not be able to file the case under the federal whistleblower protection law since he was not considered a federal employee. But he will most likely pursue it under the whistleblower protection laws enacted in the state of Pennsylvania. There is a set time frame for being able to file this type of suit against a former employer and he was close to this deadline when he filed his official suit against Penn State. Now that he has filed within the given time frame he will more than likely be asked for a “Rule to Show Cause” within 20 days.
Whistleblower cases have increased over the last few years and many states have revamped and strengthened the laws pertaining to whistleblower protection. It is certain that the eyes and ears of the nation will be tuned in to see how this employment law case turns out in the end.