An employer may not take adverse action against an employee who is a reporter because of a lawful act of the employee, or a person authorized to act on behalf of the employee, to:
Terms Used In Utah Code 61-1-104
Adverse action: means to:
(a)
discharge, threaten, or directly or indirectly harass an employee; or
(b)
otherwise discriminate against an employee in any manner that affects the employee's employment, including:
Division: means the Division of Securities established by Section 61-1-18. See Utah Code 61-1-13
Employee: means an individual who performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied. See Utah Code 61-1-102
Original information: means information that is:
(a)
derived from the independent knowledge or analysis of an individual;
(b)
not known to the division or commission from a source other than the individual; and
(c)
unless the individual is the source of the information, not exclusively derived from:
(i)
an allegation made in a judicial or administrative hearing;
(ii)
a government report, hearing, audit, or investigation; or
provide original information to the division or commission in accordance with Section 61-1-103;
(b)
initiate, testify in, or assist in any investigation, judicial action, or administrative action based on or related to original information provided to the division or commission;
a regulation issued by the Securities Exchange Commission; or
(v)
this chapter or a rule made under this chapter.
(2)
Notwithstanding Subsection (1), an employee is not protected under this section if:
(a)
the employee knowingly or recklessly makes a false, fictitious, or fraudulent statement or misrepresentation;
(b)
the employee uses a false writing or document knowing that, or with reckless disregard as to whether, the writing or document contains false, fictitious, or fraudulent information;
(c)
the employee knows that, or has a reckless disregard as to whether, the disclosure is of original information that is false or frivolous; or
(d)
the employee is protected from adverse action as described in Section 21F of the Securities Exchange Act, 15 U.S.C. § 78u-6, and regulations issued under that section.
