Rep. Charbbonneau’s SB 394 allows anonymous reporting of malfeasance by a public official. It also creates a private right of action by employees of non-state entities if they are retaliated against by their employer for making such a report of malfeasance (either because they didn’t report anonymously or they were found out, I guess.) Damages may include, among other things double the back wages. For some reason, pursuant to a committee amendment, state employees are excluded from this protection.
The intent of these anti-retaliation provisions is obviously good, a lot of retaliation allegations (in various contexts) get made by crappy employees who were fired because they weren’t good at their jobs. For example, if you’re a bad employee who catches wind of a termination coming, why not file a report with the State Board of Accounts talking trash about your boss? It’s a two-fer: you might get the SBOA to hassle your boss, and you might set yourself up for a lawsuit.
I’d recommend two additional amendments: first require that the allegations of malfeasance be well founded as a prerequisite to the retaliation claim, and second, provide for attorneys fees to the defendant where the allegations of retaliation are not made in good faith.
How do you go about filing a complaint against a local government entity for malfeasance in the state of Indiana.