what is a whistleblower and retaliation lawyer

Workplace Whistleblower and Retaliation Lawyer You Cannot Get Fired from Work Because You Blew the Whistle Against Your Employer. An employee has a right and an obligation to report any illegal activity in the workplace. Doing so is known as whistleblower activity.

Full Answer

Are there laws that protect whistleblowers from retaliation?

Title VII – Title VII and other anti-discrimination laws afford protection to employees who file internal or external complaints concerning various types of workplace discrimination and harassment. In addition, many states have laws in place to protect whistleblowers against retaliation.

How does a whistleblower prove retaliation?

• Termination
• Demotion
• Salary reduction
• Loss of hours
• Exclusion
• Loss of benefits

What law protects whistleblowers?

Whistleblower complaints and how to deal with them

• Legal landscape. Whistleblowers who suffer detriment or dismissal for having blown the whistle can claim uncapped compensation for their financial loss.
• Policies and training. ...
• Handling whistleblowing complaints. ...
• Future of whistleblowing. ...

Do you need a whistleblower retaliation lawyer?

Why should you contact us if you are a whistleblowers who is facing retaliation? If you want to win your case and get your job reinstated (or lost wages), you need an experienced lawyer. You need someone who is willing to fight aggressively to make sure that you are being treated fairly. You can find that lawyer here at Villaume & Schiek, P.A.

What is retaliation for whistleblowing?

Whistleblower retaliation is any adverse action that a company takes against an employee because he or she has reported, either internally, illegal conduct on the part of a company. Termination is an extreme form of retaliation.

What are examples of whistleblower retaliation?

Some common examples of whistleblower retaliation include:Termination or being fired;Suspension;Demotion;Denial of a promotion;Workplace harassment;Ridicule;A hostile or unsafe work environment;Employment penalties or sanctions;More items...•

Who is a whistleblower under the law?

A whistleblower (also written as whistle-blower or whistle blower) is a person, often an employee, who reveals information about activity within a private or public organization that is deemed illegal, immoral, illicit, unsafe or fraudulent.

Can you get fired for whistleblowing?

No. Under the laws of most states, it is illegal for an employer to retaliate against a whistleblower who has reported, or attempted to report, the illegal conduct of the employer.

What makes a strong retaliation case?

In order to prove retaliation, you will need evidence to show all of the following: You experienced or witnessed illegal discrimination or harassment. You engaged in a protected activity. Your employer took an adverse action against you in response.

How do I prove my whistleblowing claim?

In a claim for detriment the employee must prove that they first made a protected disclosure and that following that disclosure, they suffered detrimental treatment. There must be a causative link between the disclosure and the detriment.

What are the two types of whistleblowing?

There are two types of whistleblowing. The first type is internal whistleblowing. This means that the whistleblower reports misconduct to another person within the organization. The second type is external whistleblowing.

What are the 3 steps in the whistleblowing process?

Whistleblowing investigation process: How to prepare for an internal investigationStep 1: Separate the wheat from the chaff. ... Step 2: Contact the whistleblower. ... Step 3: Get to the bottom of things. ... Step 4: Take corrective measures.

Is whistle blowing protected by law?

It's in the public interest that the law protects whistleblowers so that they can speak out if they find malpractice in an organisation. As a whistleblower you're protected from victimisation if you're: a worker. revealing information of the right type by making what is known as a 'qualifying disclosure'

How much do you get for whistleblowing?

Whistleblowers may be eligible for an award when they voluntarily provide the SEC with original, timely, and credible information that leads to a successful enforcement action. Whistleblower awards can range from 10 percent to 30 percent of the money collected when the monetary sanctions exceed $1 million.

What are some examples of retaliation?

Some examples of retaliation would be a termination or failure to hire, a demotion, a decrease in pay, a decrease in the number of hours that you've worked. The cause will be obvious things such as a reprimand, a warning or lowering of your evaluation scores.

Is whistleblower retaliation a crime?

The United States Office of Special Counsel provides training for the managers of federal agencies on how to inform their employees about whistleblower protections, as required by the Prohibited Personnel Practices Act (5 USC § 2302). The law forbids retaliation for whistleblowing.

What are the forms of whistleblower retaliation?

Whistleblower retaliation can occur in many forms including harassment, demotions, pay cuts, negative evaluations, losing out on a promotion, and even losing your job. Luckily, there are many laws designed to protect individuals from all types of whistleblower retaliation.

What laws protect whistleblowers?

Many laws that regulate certain activity contain whistleblower protection statutes to protect people who report violations of those laws. For example, the Clean Air Act protects employees who report violations regarding air emissions, while the Sarbanes-Oxley Act protects employees of certain companies who report securities fraud ...

How are whistleblower protections changing?

Whistleblower protections are constantly changing as lawmakers introduce new legislation and the courts interpret the application of existing law. For example, the Dodd-Frank Act expanded whistleblower protections included in the Sarbanes-Oxley Act, and the Whistleblower Protection Enhancement Act bolstered the protections found in the original Whistleblower Protection Act. However, many people feel that whistleblower protections should be expanded to better include employees of intelligence agencies and federal contractors. Additionally, the future of existing protections is uncertain as each new administration seeks its own reforms.

What are some examples of whistleblower laws?

The following are some of the more significant federal whistleblower retaliation laws: False Claims Act. The False Claims Act (FCA) encourages individuals to report their ...

Can you complain to a government agency before you can be considered a whistleblower?

Some states only protect public employees from whistleblower retaliation, and some require that you complain to a government agency before you can be considered a whistleblower at all. And like the federal statutes, the remedies and consequences for whistleblower retaliation will vary.

What is whistleblower retaliation?

A classic type of whistleblower retaliation occurs when an employee reports his or her employer’s illegal conduct and is fired as a result. There are some cases in which retaliation isn’t as obvious, however. Employers may try to veil their actions by using pretextual reasons for terminating whistleblowers. Retaliation also doesn’t always include termination. It can include any type of adverse employment action or unfair treatment if it is taken to retaliate against the worker for whistleblowing. Some of the forms that whistleblower retaliation can take include the following:

Why are whistleblowers successful?

Since the courts are aware of these tactics, whistleblowers are frequently successful in arguing that the reasons the employers provide for the adverse actions were pretextual.

Whistleblower Retaliation

Whistleblower retaliation laws prohibit a broad range of retaliatory actions against whistleblowers, including any act that would dissuade a worker from engaging in protected whistleblowing. Examples of actionable whistleblower retaliation include:

Whistleblower Retaliation Lawyers

The experienced whistleblower retaliation lawyers at Zuckerman Law represent whistleblowers in retaliation actions under a variety of federal and state whistleblower protection laws, including the Sarbanes-Oxley Act.

Whistleblower Retaliation Resources

Is a whistleblower’s motive for engaging in a protected activity relevant in a whistleblower protection case?

What is whistleblowing in business?

Whistleblowing occurs when an employee reports illegal conduct at work that is not related to workplace rights. For example, you are a whistleblower if you report that your company is cooking the books; engaging in shareholder fraud; producing faulty, dangerous, or mislabeled products; or lying on its tax returns.

What are the laws that protect workers from retaliation?

Here are some of the most common laws protecting workers from retaliation: 1 Workplace harassment and discrimination. You may not be fired for making a complaint (whether to your own HR department or to the Equal Employment Opportunity Commission) about harassment or discrimination in the workplace; for participating in an investigation of these issues; or for exercising your rights under these laws (by, for example, requesting a reasonable accommodation for your disability or your religious practices). 2 Wage and hour laws. Your employer may not fire you for complaining, whether internally or to the Department of Labor, that your employer has failed to pay the minimum wage, failed to pay overtime, denied legally required breaks, or illegally kept a portion of your tips, for example. 3 Leave laws. You can't be fired for exercising your right to take leave under the Family and Medical Leave Act or similar state laws, to take workers' compensation leave, to take time off to vote or serve on a jury, to take paid sick leave (if required by state or local law), or to take any other legally protected time off work. 4 Health and safety laws. You may not be fired for reporting, whether within your company or to the Occupational Safety and Health Administration, health and safety violations at your workplace. 5 Worker's compensation laws. Your employer may not fire or otherwise penalize you for filing a workers' compensation claim for an on-the-job injury.

What does a lawyer do?

A lawyer will review all of the facts, explain your potential claims, and estimate how much your claims might be worth. A lawyer can also help you decide on the best strategy to vindicate your rights, whether through negotiating with your employer, filing a complaint with a government agency, or going to court.

Can you sue a government auditor for wrongful termination?

For example, if you are fired because you refuse to lie to a government auditor or file a false corporate tax return, you may be able to sue for wrongful termination in violation of public policy.

Can you sue your employer for wrongful termination?

If your employer fired you for reporting illegal behavior or exercising your legal rights, you may be able to sue for wrongful termination. Below, we explain how to pursue your claim.

Can a whistleblower claim be public policy?

For example, some states allow public policy claims only if a state law explicitly provides whistleblower protection (for example, a state law protecting nurses who report unsafe conditions at hospitals).

Do you have to file an administrative charge for retaliation?

Not all retaliation claims are subject to this rule, however. And, for some types of retaliation claims, you may—but are not required to—file an administrative charge before going to court. Your lawyer can help you figure out the requirements for your particular claim in your state.

A Roswell Whistleblower Protection Lawyer Who Will Protect Your Workplace Rights

If your Georgia employer has discovered that you’ve reported fraudulent use of government funds, job retaliation may be the first reaction. If this happens to you, don’t hesitate to contact a Roswell whistleblower protection lawyer who will protect your workplace rights.

Not Sure How to Proceed After Workplace Retaliation in the Metro Atlanta Area? Roswell Whistleblower Help Lawyer Mike Bothwell Will Guide Your Case

Oftentimes, whistleblowers are unsure about how to proceed after suffering workplace retaliation in the metro Atlanta area.