Protections Afforded to Whistleblowers

Whistleblowers are key to maintaining organizational transparency and ensuring ethical and legal behavior. They may report breaches in safety, fraud, and other issues. However, reporting wrongdoing can be a scary process for whistleblowers.

Knowing the various protections afforded to whistleblowers is critical, given the threat of retaliation. This will help you understand your rights, how you should be protected, and what to do if you face retaliation.

What Is Considered Protected Activity?

Protected whistleblower activity can fall into several categories. Unfortunately, knowing which activities are protected and which are not can be overwhelming.

You would be protected if you filed a complaint to report or attempt to prevent an unlawful activity. Such complaints are usually in response to safety violations, fraud, or violations of equal opportunity laws. Government employees who file protected disclosures in the workplace are generally covered.

You are also protected if you participated in an activity related to administering equal opportunity laws at the federal, state, or local level, including providing information about a compliance evaluation.

Those who oppose practices that are considered unlawful by the measure of equal opportunity laws are protected. It does not matter whether the practices were directed toward the complainant or another person.

Finally, exercising rights under equal opportunity laws or the OFCCP’s laws is also a protected activity.

Because these activities fall into so many categories, various statutes and governmental organizations work to protect whistleblower rights. 

Whistleblower Legal Safeguards

Right to Sue: Protections afforded to whistleblowers are a bit confusing. There is somewhat of a legal shield for reporting misconduct. However, it’s not a situation where acts of retaliation are illegal. 

Instead, you are usually allowed to sue if you experience any of these forms of retaliation. Covered acts include intimidation, threats, coercion, harassment, and discrimination. This may even take the form of:

• Disciplinary procedures
• Poor performance reviews
• Wrongful termination
• Demotion
• Unfavorable changes to duties, hours, etc.
• Abuse, a hostile environment, or punishment that leads the employee to quit

Protection from these acts is a form of whistleblower retaliation prevention, but they still happen often. Knowing your rights can help prevent them and inform you of your next steps should they occur. 

Confidentiality: You are not required to remain confidential or anonymous while reporting wrongdoing. However, it may be in your best interest to do so. Certain laws, including the Dodd-Frank Act, the IRS Tax Whistleblower Law, the SEC Whistleblower Law, the CFTC Whistleblower Law, and The False Claims Act, provide confidentiality protection when filing a claim.

It’s also important to understand when your confidentiality is not guaranteed. Confidentiality is not one of the protections afforded to whistleblowers when speaking to the media. While employee protection laws regarding internal whistleblowing exist, confidentiality is rarely maintained in practice.

How To File a Complaint for Retaliation

If you are facing retaliation for protected activities, federal contractors and subcontractors and those who meet jurisdiction thresholds can file a complaint with the OFCCP. This complaint can be the same as the one that alleges discrimination or a different one.

You may want to contact a whistleblower retaliation attorney if you believe you have experienced retaliation. They can help you prepare a case and understand your rights.

In general, whistleblowers who face retaliation can sue their organization. If there is a current investigation into the company, they may be able to join in on it. Reporting the retaliation to government agencies may even cause them to sue on your behalf.

Limitations of Filing Claims

There are statutory limitations on suing for retaliation. These are different from the limitations for the original unlawful activities.

In the past, the statutes varied from state to state. However, Congress used the Federal False Claims Act to set the statute of limitations to three years for retaliation claims.

Remedies for Retaliation Against Whistleblowers

The False Claims Act sets standard remedies for retaliation against whistleblowers. This usually includes payment of reinstatement damages, special damages, attorney’s fees, and two times back pay.

Unfortunately, reinstatement rarely happens. Because of this, you’ll need to carefully consider what reinstatement is worth to you financially.

If you believe you have been the victim of retaliation due to whistleblowing, it’s important to speak with an attorney. They can help you understand the best course of action so you can pursue these remedies.

Protect Yourself From Retaliation Against Whistleblowers

Knowing what is considered a protected act and which activities are considered retaliation is key to understanding your rights. If you have encountered retaliation, you’ll want to know the next steps.

If you have or are considering making a claim against someone, be sure to talk to a whistleblower retaliation attorney. We can ensure you understand the protections afforded to whistleblowers and how to safeguard them.

Looking for legal advice and support in your retaliation case? The attorneys at Kent Pincin are here for you in Redondo Beach, CA. Contact us today at 310-376-0922 to schedule your free consultation.