What You Need to Know About Whistleblower Retaliation

Whistleblower retaliation is the legal term used to describe what happens when an employer punishes or otherwise abuses an employee for blowing the whistle on wrongful conduct. Importantly, most anti-retaliation laws apply regardless of whether the whistleblower filed a complaint. Employers may preemptively fire employees who request copies of safety regulations or raise internal concerns, which can also qualify as whistleblower retaliation.

Experienced whistleblower claims lawyer Peter Katz knows that not all retaliatory conduct is obvious. Whether your employer created a hostile work environment or suddenly ‘found’ a reason to terminate your employment, contact him immediately online or at (609) 849-3179 to discuss your right to demand financial compensation.

Understanding Whistleblower Retaliation Under Federal Law

Various federal laws and regulations – including the False Claims Act (FCA), Whistleblower Protection Act (WPA), and industry-specific legislation – contain anti-retaliation provisions. These whistleblower protection laws both prohibit employers from taking adverse employment actions against whistleblowers and provide employees with a remedy for recovering financial damages.

Qualifying Protected Conduct

Whistleblower protection provisions only apply to employees who are retaliated against for engaging in protected conduct. Most anti-retaliation provisions cover the following conduct, regardless of whether the employee filed a whistleblower complaint or litigation:

• Raising safety concerns with supervisors
• Threatening to file a complaint
• Speaking out against unlawful conduct
• Providing evidence to law enforcement agencies
• Filing whistleblower claims and lawsuits
• Participating in litigation against employers

Further, any concerns raised must be based on a good-faith and reasonable belief that wrongful conduct has occurred. An attorney can review the facts of your case to determine whether you were discriminated against for engaging in protected conduct under federal and state whistleblower laws.

Defining ‘Adverse’ Employment Actions

Whistleblower retaliation occurs when an employer takes ‘adverse action’ against you because you exposed unlawful conduct. Most employers know enough not to fire an employee immediately after she brings a whistleblower lawsuit. As such, supervisors may engage in more subtle forms of retaliation, including demotion, discrimination, and creating hostile work environments. Reputable whistleblower defense attorneys can help you recover damages for subtle hostilities in the workplace, not just termination.

Litigating Constructive Discharge Claims

Constructive discharge occurs when an employee is forced to quit their job because their employer makes their working conditions unbearable. This can include reducing pay and hours, putting you on undesirable shifts, isolating you from co-workers, and encouraging false accusations and ostracization. With legal help, whistleblowers can still recover damages under federal anti-retaliation laws if they were forced out of their jobs due to workplace hostilities.

Retaliation Compensation Available to Whistleblowers

Under specific whistleblower protection laws – such as the provisions governing civil actions for false claims (31 U.S.C. § 3730) – employees, contractors, or agents retaliated against for blowing the whistle are entitled to all damages necessary to make them ‘whole.’ This includes reinstatement to prior senior positions, double the amount of backpay plus interest, and compensation for special damages. Further, you can recover all reasonable court costs and attorneys’ fees.

Federal Whistleblower Defense Lawyer for Employer Retaliation

Confidentially discuss whether you have an anti-retaliation claim under federal or state whistleblower protection laws with experienced whistleblower defense attorney Peter Katz. Call (609) 849-3179 or connect with his legal team today.