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It’s an all-too-common occurrence: While carrying out their standard job duties, a company employee discovers evidence that their bosses are engaged in illegal business activities. The nature of these activities can take a number of forms, such as mismanagement of public funds, infractions of workplace safety rules, improper storage of toxic materials, or another violation of the law.
Whatever the particular circumstances of the situation, the employee often finds himself or herself in a classic rock-and-a-hard-place dilemma. If they simply “look the other way,” their employer will likely continue with their illegal behavior, which, in some cases, can pose a serious danger to innocent parties. However, if they report the infraction to the proper authorities, they could face the wrath of their employer.
Luckily, there are laws in place that protect workers in the event that they decide to report their employer’s illegal practices. These are known as whistleblower laws, and our Atlanta whistleblower attorneys have the experience and skill to help protect you from discrimination and retaliation for blowing the whistle.
“Whistleblower” is the term applied to an employee (or ex-employee) who informs appropriate company personnel, such as a supervisor or an outside regulatory body, about activities committed by the employee’s organization that conflict with local, state, or federal law.
There are a number of laws that protect the rights of workers who take this type of action. These laws make it illegal to fire, demote, or harass an employee who exposes the shady practices of their employer. Companies that disregard these laws and attempt to punish whistleblowing personnel can face serious legal penalties.
If an individual is to be classified under the law as a whistleblower and entitled to the legal protections of that designation, they must comply with several requirements.
These requirements will vary according to the particular law under which the whistleblower claim is made, but in general, the case must meet all four of these conditions:
Not all employee behavior undertaken with the aim of blowing the whistle on an employer will qualify for protection under the law. For example, an employee who attempts to “protest” their company’s illegal activities by physically vandalizing the worksite is unlikely to be vindicated by the courts.
Whistleblowing laws can also help protect companies from invalid retaliation claims brought against them by disgruntled employees. An employee who tries to claim protection under whistleblower laws may lose their case if the employer can prove that the adverse action had nothing to do with retaliation against the exposure of the company’s illegal activities. One example of this would be a whistleblowing employee whose demotion can be traced to their chronic tardiness.
There is no single U.S. law that protects whistleblowers. Instead, there is a patchwork of laws largely devoted to protecting federal employees for various industries. For instance, the Sarbanes–Oxley Act of 2002, enforced by the U.S. Securities and Exchange Commission (SEC), is intended to help whistleblowers involved in accounting at publicly traded companies. At Barrett & Farahany, our whistleblower retaliation attorneys can help you understand what laws may protect you from retaliation and discrimination in your workplace.
Bear in mind that you have only a finite amount of time to file a whistleblower claim. The deadline varies, according to the specific law relevant to the matter, but in some cases, you have as few as 30 days to file after the retaliatory event. Waiting too long can make it impossible for you to get the justice you deserve.
Whistleblowing laws can be confusing, especially in cases where it isn’t altogether clear if an employee’s actions are properly covered by them. It’s always best to have experienced legal counsel in your corner to help you. If you reported your employer’s wrongdoing and shortly after began receiving unfair treatment or punishments, you might be experiencing retaliation for exercising your rights.
At Barrett & Farahany, we know that reporting your employer or refusing to partake in illegal actions is not easy. Whistleblowers do essential work that protects many innocent individuals from harm, and they should be celebrated for doing so, not retaliated against.
Contact our whistleblower retaliation attorneys in Alabama, Georgia, and Illinois today for a team that will uphold your rights.
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