The term “whistleblower” has been in the news frequently and often has to do with a person or employee that witnesses illegal conduct taking place and has the courage to report it. Although “blowing the whistle” on perceived misconduct can cause fear of personal retaliation, there are situations that occur in the workplace that, when discovered, need to be reported and investigated for the safety of everyone.
Workplace retaliation is generally defined as an employer taking negative action against an employee for engaging in a “protected activity” — complaining of an illegal act, or attempting to exercise certain rights.
Employees who complain, often become a target of retaliation. Illegal workplace retaliation can manifest itself in various ways. It is important employees recognize the red flags suggesting that retaliation may be occurring then look for a wrongful termination lawyer in your area.
- Retaliation often includes “adverse employment actions” — demotion, suspension, transfer, and/or verbal discipline.
- Certain workplace environments are more susceptible to retaliation. Often times supervisors who have too much autonomy, are unqualified, or are pressured to cut costs ask their subordinates to bend the rules, work off the clock, ignore safety protocols, or take other actions that violate company policy and/or the law.
- Retaliation in the federal sector, according to the EEOC, is the leading form of workplace discrimination. The latest data from 2013 reports that over 40% of complaints received by the Commission were related to allegations of workplace retaliation. The data also reveals that since 2008 employer retaliation discrimination has been the greatest issue or claims received.
- A retaliation discrimination complaint under most whistleblower laws require three events: (1) that an employee engaged in a protected activity; (2) that as a result, the employer subjected the employee to an adverse employment action; and (3) and there was a causal connection between the protected activity and the adverse action.
If you’ve been directly singled out by an employer for “whistleblowing” you may need to talk with an experienced workplace retaliation lawyer.
