Does whistleblowing result in criminal prosecution?
In Pennsylvania, whistleblowing does not necessarily result in criminal prosecution. Although criminal laws in Pennsylvania may be broken when making a whistleblowing report, the role of a whistleblower is protected by state and federal laws. The Pennsylvania Whistleblower Law is designed to protect citizens who report certain illegal acts or violations of the law. This includes reporting health and safety violations, fraud and abuse, and other forms of unethical activity. Under the law, an employer cannot fire, threaten, or discriminate against an employee who makes a good faith report of a violation. Any person who retaliates against a whistleblower by threatening or retaliating in any way can be held liable under the law. Civil actions may be taken in court to prevent or stop the retaliatory action, or to impose a penalty for such action. In cases where criminal activity is involved, such as fraud or embezzlement, the whistleblower may be charged with a crime. However, because of the whistleblower’s protected status, prosecutors may be less likely to prosecute if the whistleblower had reported the criminal activity in good faith. It is important to keep in mind that any criminal prosecution of a whistleblower will depend on the facts and circumstances of the case.
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