The integrity of a workplace depends on employees who are willing to risk their reputations to hold bad actors accountable. Whistleblowers are individuals who observe illegal conduct at work and report it to a supervisor, manager, or outside agency. In general, an employer cannot fire you for reporting its illegal conduct.

Retaliation is when an employer punishes you for blowing the whistle or for opposing discrimination, wage theft, or other violations of workplace rights protected by law.

Because whistleblower and retaliation protections come from many different, overlapping federal and DC laws, these claims can be pursued through a range of forums, including the EEOC, the U.S. Department of Labor, OSHA, the SEC, or federal court depending on what was reported and which law applies.

What Counts as Retaliation?

Retaliation isn’t limited to being fired. It can include any adverse action an employer takes against an employee who blows the whistle or opposes illegal conduct in the workplace, such as:

• Termination or forced resignation
• Demotion or reduction in pay or hours
• Denial of a promotion or raise you would otherwise have received
• Undesirable transfers or shift changes
• Increased scrutiny, unwarranted discipline, or a sudden negative performance review
• Exclusion from meetings, projects, or communication
• Harassment or a hostile work environment following your report
• Threats, intimidation, or negative references to future employers

Retaliation can be obvious, like an immediate firing after an employee files a complaint, or subtle and build over time.

Legal Protections for Whistleblowers

Depending on what a whistleblower reports and where they work, their claim may arise under one or more laws, including:

• Title VII of the Civil Rights Act and corresponding state civil rights statutes, which prohibit retaliation for opposing discrimination or harassment
• The Fair Labor Standards Act (FLSA) protects employees who report wage and hour violations
• OSHA’s whistleblower protection provisions cover reports of workplace safety violations across numerous industries
• The False Claims Act, which protects and can financially reward employees who report fraud against the government (qui tam actions)
• The Sarbanes-Oxley Act and Dodd-Frank Act protect employees who report securities fraud or financial misconduct
• State-specific whistleblower statutes, many of which offer broader protection than federal law

What to Know Before You File a Claim

• Identify which law applies to your report. The right agency and process depend on what you reported and how you reported it. A wage complaint, a safety violation, and a securities fraud report can each trigger entirely different protections.
• Act quickly. Filing deadlines for whistleblower and retaliation claims vary dramatically depending on which law applies. Some claims, including certain OSHA whistleblower claims, must be filed in as little as 30 days, while others allow much longer. Waiting to figure out which law applies can cost you your claim before you’ve even had the chance to bring it.
• Document the retaliation as it happens. Dates, specific actions taken against you, and the timing relative to your report are often central to proving a retaliation claim.
• Consult an attorney immediately. Given how tight some of these deadlines are, an early consultation can preserve options that would otherwise be lost.

Whistleblower Protection Attorneys: Standing Up for Those Brave Enough to Stand Out

It takes courage to speak out about illegal conduct at work, and there are laws to protect these courageous employees from being punished for doing the right thing.

Roshni Shikari has built her practice around representing those employees. She helps them understand which protections apply to their situation and holds employers accountable when they retaliate.

Because these claims often involve overlapping or competing legal frameworks, experience matters in identifying every avenue available to you. The Shikari Law Firm takes the time to map out each option and pursue the strategy that fits your situation and goals.

Contact The Shikari Law Firm for a Free Consultation

If you need help with a whistleblowing or retaliation issue, contact The Shikari Law Firm today for a free consultation.