Whistleblower Protection
At some time in their working lives, many individuals witness illegal employment activity in their workplaces, including fraud perpetuated against the government, illegal hiring or wage payments, violation of health and safety standards, illegal accounting practices, or any number of other violations. Both federal and state law protect individuals who report these illegal activities from retaliation and other negative consequences.
The attorneys at Halunen & Associates are nationally recognized in the areas of whistleblower litigation. With years of experience providing legal representation and protection throughout the United States, our attorneys will do our best to make sure you receive fair treatment at work when you do the right thing and report illegal activity.
Resources to Protect Whistleblowers
There are many federal and state laws that protect whistleblowers, some even going as far back as 1912 (the Lloyd-La Follette Act). The three most important ones used to protect employees from retaliation today are:
The False Claim Act - As discussed on our False Claims Act Litigation page, those who report fraud against the government are protected from retaliation under the Federal False Claims Act, as amended in 1986. The Act prohibits employers from taking retaliatory action against whistleblowers and rewards them for stepping forward with their information.
The Occupational Safety and Health Act - Section 11 of the Occupational Safety and Health Act (1970) prohibits any person from discharging or in any manner discriminating against any employee because the employee has exercised rights in relation to occupational safety and health conditions.
The Sarbanes-Oxley Act - In 2002, Congress passed the Sarbanes-Oxley Act to protect the employees of corporations who blow the whistle on their employers who are breaking the law or committing acts of fraud, including financial reporting fraud. This law prohibits any type of retaliation against employees who object to any illegal practices, report illegal practices, or refuse to participate in any illegal practices.
Protection from Retaliation
Under these laws and the many state law protections, it may be ILLEGAL, depending on the circumstances, to retaliate against whistleblowers in the following ways in response to any employee’s good faith reporting:
- Firing/laying off/eliminating position
- Blacklisting
- Demoting
- Denying overtime pay or a promotion
- Disciplining
- Denying benefits
- Refusal to hire or rehire
- Intimidation
- Reassignment affecting prospects for promotion
- Reducing pay or hours
If a court finds that the truthful reason for any of the above actions was the result of good faith reporting, an employee is entitled to recover lost wages and benefits, damages for emotional distress, and/or possible future wages.
Illegal activity does not have to be tolerated in the workplace!
No one should be punished for protecting their rights and the rights of others by doing the right thing. If you have any further questions about whistleblower protection, or if you or someone you know has experienced unlawful retaliation, please do not hesitate to call our offices or to fill out a contact form. We would be happy to help you review your situation with a free initial consultation.