Can whistleblowers file claims for intellectual property violations?
Yes, whistleblowers in Washington can file claims for intellectual property violations. A whistleblower claim for intellectual property violations typically involves allegations of theft, misappropriation, or unauthorized use of trade secrets or confidential information. Generally, an employee or former employee must prove that the employer had a specific trade secret or confidential information related to its business operations, that the employer took reasonable steps to protect the trade secret or confidential information from disclosure, and that the employer wrongly disclosed the trade secret or confidential information. Washington state has a unique False Claims Act that includes specific whistleblower protections for employees who report intellectual property violations. Under this law, the employer is prohibited from retaliating against an employee who reports or threatens to report a violation to the state, a law enforcement agency, or another relevant authority. Similarly, the employer is prohibited from retaliating against an employee who refuses to engage in an act that would constitute a violation of state law. If an employee suspects that their employer is using trade secrets or confidential information in a way that violates the law, they should contact an attorney for help in filing a claim. An experienced attorney can review the specifics of the situation and help to determine the best course of action. Additionally, an attorney can help to ensure that the whistleblower is protected from any potential retaliation from their employer.
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