Whistleblower Retaliation: What Employees Can Do if They Are Punished for Speaking Out

Whistleblowers play a vital role in holding companies and organizations accountable. Speaking out against illegal activities, fraud, or unsafe practices takes courage and integrity. However, despite protections under the law, many employees who blow the whistle face retaliation. If you have experienced punishment for speaking out, it is essential to understand your rights and the steps you can take to protect yourself.
Understanding Whistleblower Retaliation and Your Rights
Whistleblower retaliation occurs when an employer takes adverse action against an employee for reporting illegal or unethical behavior. Adverse actions can include termination, demotion, a reduction in hours, harassment, or any other form of punishment aimed at discouraging whistleblowing. Federal and Pennsylvania laws provide protections for employees who report wrongdoing, but knowing these rights is crucial to enforcing them.
The federal Whistleblower Protection Act protects federal employees who disclose evidence of waste, fraud, abuse, or threats to public safety. Additionally, other federal laws, such as the Occupational Safety and Health Act (OSHA) and the Sarbanes-Oxley Act (SOX), extend protections to private-sector workers reporting specific violations. Pennsylvania employees are also covered under the state’s Whistleblower Law, which protects workers reporting violations of state or federal law.
To qualify for protection, you must have reported the issue to a supervisor, government agency, or law enforcement. The report must involve a legitimate concern about illegal activity or misconduct. Employers are prohibited from retaliating against whistleblowers, but proving retaliation can be complex. Keeping detailed records of your complaint and any subsequent actions by your employer can strengthen your case.
What to Do If You Face Retaliation?
If you believe you have been retaliated against for whistleblowing, acting quickly and strategically is essential. Here are the steps you should take:
- Document Everything: Maintain a record of your initial complaint, including dates, names, and details of your report. Keep a log of any retaliatory actions, such as termination, demotion, or harassment. Save copies of emails, performance reviews, and any communication that could support your claim.
- Know Your Deadlines: Many whistleblower claims have strict filing deadlines. For example, OSHA claims often require filing within 30 days of the retaliatory action. Missing these deadlines could jeopardize your ability to seek relief.
- File a Complaint: Depending on your case, you may need to file a complaint with a government agency, such as OSHA or the Securities and Exchange Commission. These agencies investigate whistleblower claims and can provide guidance on pursuing your case.
- Consult a Lawyer: Navigating whistleblower laws can be challenging, especially when dealing with employers who deny wrongdoing or retaliate subtly. An experienced attorney can help you assess your case, protect your rights, and guide you through the legal process. Legal representation increases your chances of securing compensation and holding your employer accountable.
- Avoid Retaliatory Traps: Employers may attempt to justify adverse actions by pointing to performance issues or policy violations. Staying professional and adhering to workplace policies can help counter these claims. Your focus should remain on proving that retaliation was a direct response to your whistleblowing.
Whistleblowers have a right to seek remedies, which can include reinstatement, back pay, and damages for emotional distress. Your ability to assert these rights depends on the strength of your case and your ability to document the retaliation effectively.
Philadelphia Whistleblower Lawyers at Sidkoff, Pincus & Green P.C. Help You Protect Your Rights
If you are facing retaliation for whistleblowing, you do not have to navigate the process alone. Speak with the Philadelphia whistleblower lawyers at Sidkoff, Pincus & Green P.C. about how we can help you. Contact us online or at 215-574-0600. Located in Philadelphia, we serve clients in Pennsylvania and New Jersey, including South Jersey.