RELATING TO WHISTLEBLOWERS' PROTECTION
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Introduced By: Representatives Moura, and D Cicilline |
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Date Introduced: January 23, 2002 |
It is enacted
by the General Assembly as follows:
SECTION
1. Sections 28-50-2 and 28-50-3 of the General Laws
in Chapter 28-50 entitled "The Rhode Island Whistleblowers' Protection
Act" are hereby amended to read as follows:
28-50-2. Definitions. -- As used in this chapter:
(1) "Employee" means a person employed by any employer, and shall include, but not be limited to, at-will employees, contract employees, and independent contractors.
(2) "Employer" means any person, partnership, association, sole proprietorship, corporation or other business entity, including any department, agency, commission, committee, board, council, bureau, or authority or any subdivision of them in state or municipal government. One shall employ another if services are performed for wages or under any contract of hire, written or oral, express or implied.
(3) "Person" means an individual, sole proprietorship, partnership, corporation, association, or any other legal entity.
(4) "Public body" means all of the following:
(i) A state officer, employee, agency, department, division, bureau, board, commission, council, authority, or other body in the executive branch of state government;
(ii) An agency, board, commission, council, member, or employee of the legislative branch of state government;
(iii) A county, city, town, or regional governing body, a council, school district, or a board, department, commission, agency, or any member or employee of them;
(iv) Any other body which is created by state or local authority or which is primarily funded by or through state or local authority, or any member or employee of that body;
(v) A law enforcement agency or any member or employee of a law enforcement agency;
(vi) The judiciary and any member or employee of the judiciary; and
(vii) Any federal agency.
(5) "Supervisor" means any individual
to whom an employer has given the authority to direct and control the work
performance of the affected employee or any individual who has the authority to
take corrective action regarding the violation of a law, rule or regulation
about which the employee complains.
28-50-3. Protection. -- An employer shall not discharge, threaten, or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment:
(1) Because the employee, or a person acting on behalf of the employee, reports or is about to report to a public body, verbally or in writing, a violation which the employee knows or reasonably believes has occurred or is about to occur, of a law or regulation or rule promulgated under the law of this state, a political subdivision of this state, or the United States, unless the employee knows or has reason to know that the report is false, or
(2) Because an employee is requested by a public body to participate in an investigation, hearing, or inquiry held by that public body, or a court action, or
(3) Because an employee
refuses to violate or assist in violating federal, state or local law, rule or
regulation. , or
(4) Because the employee reports verbally or in writing to the employer or to the employee's supervisor a violation, which the employee knows or reasonably believes has occurred or is about to occur, of a law or regulation or rule promulgated under the laws of this state, a political subdivision of this state, or the United States, unless the employee knows or has reason to know that the report is false. Provided, however that if the report is verbally made, the employee must establish by clear and convincing evidence that such report was made.
SECTION
2. This act shall take effect upon passage.