As a whistleblower in the United States, you’re entitled to whistleblower protections against discrimination or retaliation due to your whistleblowing claims. Retaliation is any action from an employer that would deter a reasonable person from reporting misconduct or participating in an investigation.
According to the U.S. Department of Labor, these protections are designed to shield whistleblowers from retaliation for activities such as internal compliance or making disclosures to federal agencies, or otherwise cooperating with investigations. Employees only need to have a reasonable belief that a violation has occurred.
There are various federal protection acts that safeguard whistleblowers from unfair consequences. For example, there’s the Sarbanes-Oxley Act and the Whistleblower Protection Act. If you’re making a whistleblowing claim, it’s important to be aware of the laws because the deadlines for filing claims are often short and unforgiving. Missing these deadlines can block your whistleblower protections regardless of how strong your claim is.
If you’re interested in learning more about whistleblower protections and how you can protect yourself against unfair retaliation practices, read on to learn more about this important topic.
What Qualifies as a Whistleblower Case?
When evaluating a retaliation claim, it’s not enough to prove that a report was made; employees must also show that the employer took action that would dissuade a reasonable person from speaking up.
Courts use the “materially adverse” standard to distinguish legitimate business decisions from unlawful retaliation. Here are some common things that employers do that meet this threshold when they are connected to protected whistleblowing activity.
- Undesirable reassignment: Reassigning the employee to a lower-status or undesirable role after they report misconduct, even without a pay cut.
- Blocked career advancement: Denying promotions or advancement opportunities that were previously in progress or reasonably expected.
- Disciplinary pretext: Imposing unwarranted disciplinary actions shortly after the protected activity, especially if inconsistent with past evaluations.
- Intentional exclusion: Excluding the employee from meetings, communications, or projects critical to their job performance or visibility.
- Escalating hostility: Creating or allowing a hostile work environment that intensifies after the whistleblowing incident.
- Targeted schedule disruption: Reducing hours, altering shifts, or changing job location in ways that materially disrupt personal or professional life.
According to the Legal Information Institute, retaliation can come in many forms, not just firing someone. Early detection and documentation of these behaviors gives employees the best chance of proving illegal retaliation and protecting their rights. If you suspect your rights are being violated, you should always get legal counsel as soon as possible.
What Is Protected Under Whistleblowing?
Federal laws protect you from punishment for doing the right thing if you have reported misconduct at work. These laws provide different kinds of protections depending on the type of misconduct reported and your employer’s industry or funding. Knowing which act applies to your case will help you file the right kind of claim and adhere to the tight deadlines.
Sarbanes-Oxley Act (SOX)
According to the Sarbanes-Oxley Act, workers and contractors for publicly traded companies cannot be punished for reporting securities fraud or wrongdoing in accounting. This act protects you if you disclose information about financial misconduct, whether internally or to a regulator.
Claims under SOX must be filed with OSHA within 180 days of the retaliatory action.
Whistleblower Protection Act (WPA)
The Whistleblower Protection Act protects most federal workers who report:
- Waste
- Abuse of power
- Legal violations by the government
The act forbids federal agencies from retaliating against employees who disclose protected information through the appropriate channels. To start the claim process, you should begin by contacting the U.S. Office of Special Counsel (OSC), as delays in filing can restrict your rights.
False Claims Act (FCA)
The False Claims Act protects whistleblowers who report fraud involving federal:
- Contracts
- Programs
- Funds
It allows individuals to file “qui tam” lawsuits on behalf of the government and also protects against employer retaliation. Employees must act within three years of retaliation to maintain their right to recover damages.
FAQs
How Do I Know Which Whistleblower Law Applies to Me?
Figuring out the right whistleblower law is very important. It depends on your job and what you are reporting. For federal government employees reporting legal violations, gross mismanagement, or waste, the Whistleblower Protection Act is the main law.
If you work in the private sector for a publicly traded company and report financial fraud or securities violations, the Sarbanes-Oxley Act usually applies.
On the other hand, if you report fraud against the federal government, like in healthcare or defense contracting, the False Claims Act might be relevant. It’s key to identify the right law from the start because each one has different procedures and deadlines.
What Should I Do if I Think I Am Being Retaliated Against?
If you think you are being retaliated against, act quickly and carefully. Start by gathering all related documents like dates, emails, disciplinary actions, and notes about any negative changes at work:
- Gather all related documents
- Record dates of key incidents
- Save emails and written communication
- Keep copies of disciplinary actions
- Write notes about negative changes at work
Keep this information in a safe place away from your employer’s systems. You might file an internal complaint if it feels safe to do so.
According to the U.S. Department of Labor, because these situations can be complex, talk to an attorney who knows whistleblower laws right away. They can help you decide if you need to file a complaint with an external agency like OSHA, OSC, or EEOC, depending on which law protects you.
Don’t wait too long because some claims must be filed within 30 days. Getting experienced legal help is the best way to make sure your claim is accurate and timely.
Get the Whistleblower Protections You Deserve
If you have chosen to report misconduct at work, you should be protected, not punished. Employees can report wrongdoing, fraud, discrimination, or safety concerns without fear of retaliation, harassment, or career loss, thanks to whistleblower protections.
Need help with a whistleblower case? RHINO Lawyers makes it easy to connect on your terms. Our Millennial team combines insider knowledge, innovation, and personal service to fight for the result you deserve. Contact us today for a free, no-obligation consultation.
