Blowing the Whistle on Illegal Activity
If you see a coworker getting harassed or discriminated against, speaking up is the right thing to do. However, it can be challenging to report a supervisor because there is a risk they could retaliate against you. Whistleblower protections protect you from reprisals for reporting illegal activity in the workplace.
If you are fired by your employer for reporting fraud, discrimination, or violations of any laws, you may have a whistleblower claim. Talk to an employment law attorney for legal advice about your employment rights.
What Is a Whistleblower?
A whistleblower is someone who reports illegal activity, fraud, or other violations by an employer. Blowing the whistle on a coworker, supervisor, or company officer comes with consequences. It can cause tension in the workplace or cost you your job. If an employer retaliates against you for a protected activity, it can be bad for morale. It may also put others at risk of harm.
If you report unlawful activity to law enforcement, you are protected against any “adverse actions” by your employer. Adverse actions include anything that would reasonably dissuade someone from reporting possible violations.
Whistleblower laws protect workers for certain protected disclosures. Anti-retaliation protections are meant to keep you safe from demotion, termination, or a hostile workplace for being a whistleblower.
What Is the Whistleblower Protection Act?
Congress passed the Whistleblower Protection Act (WPA) in 1989. The federal whistleblower protection program protects federal employees from reprisals for protected disclosures. Federal agencies can’t retaliate against workers for whistleblowing. This includes disclosures for gross waste of funds, gross mismanagement, abuse of authority, or any risks of danger to public health.
States also have state whistleblower protection laws that protect state employees.
When Are You Covered by Whistleblower Protection Laws?
There are many different state and federal laws that protect whistleblowers. This includes reporting an employer for fraud, safety violations, or employment discrimination. It also includes workers participating in government investigations into the employer’s activity. Types of whistleblower claims include reporting the following:
- Employment discrimination
- Sexual harassment
- Wage-and-hour violations
- Occupational Safety and Health Administration (OSHA) violations
- Health care fraud
- Tax fraud
- Public health violations
- Criminal activity
- National security violations
- Consumer product and food safety concerns
What Are Signs of Whistleblower Retaliation?
There are different ways employers retaliate against whistleblowers. Your boss could also try to hide the retaliation by waiting a few months and then firing you. This is still illegal retaliation. Other forms of retaliation may include:
- Denied promotions
- Isolation from other team members
- Change in performance reviews
- Reduction in hours
- Creating intolerable working conditions
What Can You Do if You’ve Been Fired for Blowing the Whistle?
You can make a retaliation complaint against your employer if you face retaliation for a protected activity. Reporting illegal whistleblower retaliation can depend on the type of illegal activity. Federal contractors and employees can submit retaliation complaints to the U.S. Office of Special Counsel (OSC). If you are a state government employee, you can contact your state agency for retaliation complaints.
Different government agencies have different procedures for whistleblower complaints. For example, you can report employment discrimination retaliation to the Equal Employment Opportunity Commission (EEOC). You can also report retaliation to OSHA under the Occupational Safety and Health Act.
Contact an employment law attorney to find out where to report unlawful retaliations. You may have to go through the administrative process before you can file a lawsuit. If the agency can’t settle the complaint, you can file a wrongful termination lawsuit.
Is There Compensation for Whistleblower Retaliation?
In a whistleblower retaliation claim, you can seek damages to compensate you for what you lost. You may also be able to get reinstated in your job. Damages in a whistleblower retaliation case can include back pay, restored benefits, and a promotion for a position you were originally denied.
In some whistleblower retaliation cases, you may be able to recover additional damages. For example, blowing the whistle about fraud in violation of the False Claims Act allows you to recover three times the amount of damages.
It is important to report unlawful retaliation, even if it is against another employee. Whistleblower laws help protect workers and encourage reporting of illegal or dangerous activities. For more information about whistleblower protections, talk to your local employment law attorney.