Whistleblowers play an essential role in our nation, informing the U.S. government and federal agencies about the wrongdoing of companies and individuals. Some federal laws offer whistleblowers protections, allowing them to perform their civic duty without fear of retaliation. Even so, your employer may take retribution following your legal obligation.
I am Attorney Peter Katz, and I have nearly three decades of experience helping those who are dedicated to doing the right thing. If you believe that your employer retaliated against you following a whistleblower claim, I am here to assist you.
Overview on Whistleblowing
A whistleblower is someone who legally discloses unlawful conduct to an authorized recipient. An authorized recipient is someone who has the power to take appropriate action. There are provisions in several federal statutes that provide protection to whistleblowers.
As an advocate for justice, I believe that whistleblowers should be awarded for their bravery and commitment to do the right thing. If you have received negative treatment from your employer, including getting fired, demoted, or blacklisted, I am here to represent your interests.
What Must a Whistleblower Complaint Contain?
A whistleblower complaint must establish the following four components:
- An employee engaged in activity protected by the whistleblower protection laws
- The employer knew or suspected that the employee engaged in protected activity
- An employer took adverse action against the employee
- The employee’s protected activity motivated or contributed to the adverse action
Establishing these components may be more difficult than you realize. OSHA will want to see supporting evidence that confirms each element, establishing that you were the victim of retaliation.
That is why working with a Whistleblower claims attorney is important from the onset. Hiring an attorney before filing your complaint gives you the best chance of having OSHA investigate your claim. If OSHA has reasonable cause to believe that your employer was in violation of a federal statute, the investigator will recommend that your employer take steps to remedy the situation.
Filing a Whistleblower Complaint: Your Options
Whistleblower complaints are filed with the Occupational Safety and Health Administration (OSHA). The following filing options are available:
- Online: You can submit a Whistleblower Complaint Form online. The complaint cannot be filed anonymously. If OSHA decides to proceed with an investigation, they will contact your employer to notify them of the complaint.
- Fax/Mail/E-mail: Fax, mail, or email a letter describing your complaint, along with the Whistleblower Complaint Form, to your local OSHA Regional Office. You will want to include your full name and contact information so that OSHA can follow up with you.
- Telephone: You can call your local OSHA Regional Office to discuss your complaint.
- In-person: Visit your local OSHA Regional Office and file a written or verbal complaint. (A Whistleblower claims attorney will recommend that you prepare a written complaint and a verbal one).
Timeline for Submitting a Complaint
Each federal statute contains anti-retaliation provisions specifying different timelines for submitting a complaint. While many environmental laws only permit a 30-day filing period, numerous statutes allow 180 days.
Federal statutes that contain whistleblower provisions allowing a 180-day filing period include, but are not limited to:
- Affordable Care Act (ACA)
- Consumer Financial Protection Act (CFPA)
- Federal Railroad Safety Act (FRSA)
- Sarbanes-Oxley Act (SOX)
- Surface Transportation Assistance Act (STAA)
Trusted & Dedicated Representation When it Matters Most
If you have recently found yourself the victim of retaliation by your employer, there is no time to waste. When you reach out to the Law Offices of Peter Katz, you are taking a necessary step to protect your rights. I will work with you to understand the initial illegal activity and how your employer retaliated to determine the best course of legal action. To schedule your free, confidential meeting, contact me by phone or completing the online contact form.