DG(LEGAL) - EMPLOYEE RIGHTS AND PRIVILEGES

Employee Free Speech

Federal Prohibition on Retaliation

Whistleblower Protection

  1. Regulate under or enforce the law alleged to be violated in the report; or
  2. Investigate or prosecute a violation of criminal law.

Definitions

  1. The employee believed that the conduct reported was a violation of law; and
  2. The employee's belief was reasonable in light of the employee's training and experience.
  1. The employee believed the governmental entity was authorized to:
    1. Regulate under or enforce the law alleged to be violated in the report; or
    2. Investigate or prosecute a violation of criminal law; and
  2. The employee's belief was reasonable in light of the employee's training and experience.

Whistleblower Complaints

Initiate Grievance

Legal Action

  1. Exhaust an ESC's grievance procedures, in which case the employee must sue not later than the 30th day after the date those procedures are exhausted to obtain relief under Government Code Chapter 554; or
  2. Terminate ESC grievance procedures and sue within the time lines established by Government Code 554.004 and 554.006.

Burden of Proof

Affirmative Defense

Notice of Rights

Immunity from Liability

Motor Vehicle Exception

Protection for Reporting Child Abuse

  1. Reports child abuse or neglect to:
    1. The person's supervisor,
    2. An administrator of the facility where the person is employed,
    3. A state regulatory agency, or
    4. A law enforcement agency; or
  2. Initiates or cooperates with an investigation or proceeding by a governmental entity relating to an allegation of child abuse or neglect.

Breaks for Nursing Mothers

Nonexempt Employees

Right to Express Breast Milk

Immunity for Shelter Workers

Region III Education Service Center

DG(LEGAL)-ESCA

UPDATE 21

DATE ISSUED: 7/6/2016