(1) "Employee", any individual who preforms services for and under the control and direction of an employer for wages or other remuneration.(2) "Employer", the commonwealth, and its agencies or subdivisions, including, but not limited to, cities, towns, counties and regional school districts, or any authority, commission, board or instrumentality thereof.(3) "Public body",(A) the United States Congress, any state legislature, including the general court, or any popularly elected local government body. or any member or employee thereof;(B) any federal, state, or local judiciary, or any member or employee thereof, or any grand or petit jury;(C) any federal, state or local law enforcement agency, prosecutorial office, or police or peace officer; or(D) any division, board,bureau, office, committee or commission of any of the public bodies described in the above paragraphs of this subsection.(4) "Supervisor", any individual to whom an employer has given the authority to direct and control the work performance of the affected employee, who has the authority to take corrective action regarding the violation of the law, rule or regulation of which the employee complains, or who has been designated by the employer on the notice required under subsection (g).(5) "Retaliatory action", the discharge, suspension or demotion of an employee, or other adverse employment action taken against an employee in the terms and conditions of employment.
(A) the United States Congress, any state legislature, including the general court, or any popularly elected local government body. or any member or employee thereof;(B) any federal, state, or local judiciary, or any member or employee thereof, or any grand or petit jury;(C) any federal, state or local law enforcement agency, prosecutorial office, or police or peace officer; or(D) any division, board,bureau, office, committee or commission of any of the public bodies described in the above paragraphs of this subsection.
(1) Discloses, or threatens to disclose to a supervisor or to a public body an activity, policy or practice of the employer, or of an other employer with whom the employee's employer has a business relationship, that the employee reasonably believes is in violation of the law, or rule or regulation promulgated pursuant to law, or which the employee reasonably believes poses a risk to public health, safety or the environment;(2) Provides information to, or testifies before, any public boy conducting an investigation, hearing or inquiry into any violation of law, or a rule or regulation promulgated pursuant to law, or activity, policy or practice which the employee reasonably believes poses a risk to public health, safety or the environment by the employer, or by another employer with whom the employee's employer has a business relationship; or(3) Objects to, or refuse to participate in any activity, policy or practice which the employee reasonably believes poses a risk to public health, safety or the environment.
(1) Except as provided in paragraph (2), the protection against retaliatory action provided by subsection (b)(1) shall not apply to an employee who makes a disclosure to a public body unless the employee has brought the activity, policy or practice in violation of the law, or a rule or regulation promulgated pursuant to law, or which the employee reasonably believes poses a risk to public health, safety or the environment, to the attention of a supervisor of the employee by written notice and has afforded the employer a reasonable opportunity to correct the activity, policy or practice.(2) An employee is not required to comply with paragraph (1) if he:(A) is reasonably certain that the activity, policy or practice ia known to one or more supervisors of the employer and the situation is emergency in nature;(B) reasonably fears physical harm as a result of the disclosure provided; or(C) makes the disclosure to a public body as defined in clause (B) or (D) of the definition of 'public body" in subsection (a) for the purpose of providing evidence of what the employee reasonably believes to be a crime.
(1) issue temporary restraining orders or preliminary or permanent injunctions to restrain continued violation of this section;(2) reinstate the employee to the same position held before the retaliatory action, or to an equivalent position;(3) reinstate full fringe benefits ad seniority rights to the employee;(4) compensate the employee for three times the lost wages, benefits and other remuneration, and interest thereon; and(5) order payment by the employer of reasonable costs, and attorneys' fees.
(1) except as provided in paragraph (2), in any action brought by an employee under subsection (d), if the court finds the action was without basis in law or fact, the court may award reasonable attorney's fees and court costs to the employer.(2) An employee shall not be assessed attorney's fees under paragraph 1 one (1) if, after exercising reasonable and diligent efforts after filing a suit, the employee moves to dismiss the action against the employer, or files a notice agreeing to a voluntary dismissal, within a reasonable time after determining that the employer would not be found liable for damages.