Whistleblowers play an important role in bringing to light illegal business practices. State and federal laws protect whistleblowers who alert authorities to potentially fraudulent or unethical activity from employer retaliation. If you believe that your employer has acted adversely against you for whistleblowing activity, you may be able to file a retaliation lawsuit. A whistleblower protection attorney can answer your questions about proving whistleblower retaliation and your legal options for compensation.
Types of Employer Retaliation
Retaliation can consist of any adverse action your employer takes due to your whistleblowing activity and may include any of the following behaviors:
- Termination or Demotion – An employer might wrongfully terminate your employment or demote you to a position with lower pay and fewer responsibilities.
- Harassment – Employers might also harass whistleblowers in the workplace, which can include behaviors like verbal abuse, isolation, and creating a toxic work environment.
- Denial of Employment Opportunities – Employers might use their business connections to interfere with an employee’s career and prevent them from securing future employment at other firms.
- Denial of Benefits or Promotion – Retaliation can also include denying regular promotions or work benefits when warranted.
Proving Whistleblower Retaliation
Several laws, such as the Sarbanes-Oxley Act or the Whistleblower Protection Act (WPA), establish protections against retaliation from employers for specific types of whistleblower activity. Many of these laws operate upon what is known as a “contributing factor” standard of evidence. To prove whistleblower retaliation under this standard, you must establish three elements:
- You engaged in a protected whistleblowing activity
- You were subject to an adverse action by your employer
- The protected activity was a contributing factor to the adverse action
In the past, there has been much debate over whether satisfying the contributing factor condition requires proving retaliatory intent or animus from the employer. However, current case law has established that it does not. Employees only need to demonstrate that the protected activity played a contributing role in the adverse action, regardless of how small or insignificant.
The analytic structure of the contributing factor standard favors employees. As long as the protected activity was at least one of the reasons for adverse action, it counts as illegal retaliation. In many cases, it is enough to show that your employer knew about the protected activity and that you were subject to adverse action soon after.
Legal Remedies Available for Whistleblower Retaliation
If you have been subject to whistleblower retaliation, you may be able to file a lawsuit and seek compensation for your losses. Remedies for whistleblower retaliation could include:
- Reinstatement to the current position after wrongful firing
- Back pay for lost wages and employment compensation due to wrongful termination or promotion denial
- Compensation for defamation and injuries to character and professional reputation
- Compensation for difficulty finding current employment
- Financial compensation for emotional trauma and mental suffering
Timelines for making a whistleblower retaliation claim depend on which specific law the protected whistleblower act falls under. Deadlines for filing can range from just 30 days to over a year or more, so it’s important to act quickly. If the applicable deadline expires, you’ll lose your right to pursue legal and financial compensation.
Contact a Whistleblower Retaliation Protection Lawyer
Proving whistleblower retaliation is tilted in favor of employees, but it can still be difficult to demonstrate the necessary elements. The attorneys at Bernabei & Kabat, PLLC, have extensive experience in employment law and litigation and can fight to protect your rights under whistleblower laws. You deserve an attorney who can provide steadfast legal support and guidance.
Contact our offices online or reach out via phone for a case consultation with a whistleblower retaliation protection attorney.