Category: Whistleblower Retaliation

How Whistleblower Protections Strengthen Corporate Ethics and Transparency?

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Philadelphia Whistleblower Lawyers at Sidkoff, Pincus & Green P.C. Will Help You Today

Whistleblowers play a critical role in exposing unethical or unlawful behavior in the workplace. By bringing attention to misconduct, fraud, or other violations, whistleblowers help ensure that organizations remain accountable and aligned with legal and ethical standards. However, coming forward with such information can be daunting, especially if workers fear retaliation or job loss. That is why whistleblower protections are not only necessary for individual employees but also for fostering a culture of integrity and transparency across corporate environments.

The Role of Whistleblower Protections in Promoting Ethical Workplaces

Whistleblower protections serve as a foundation for ethical corporate conduct. When employees know they have legal recourse if they are punished for reporting wrongdoing, they are more likely to come forward. This transparency holds organizations accountable and deters misconduct before it becomes widespread or irreparable. These protections signal to both employees and employers that ethical behavior is not optional—it is expected.

Without these legal protections, many employees may remain silent out of fear of retaliation. This silence can allow unethical practices to persist unchecked, undermining employee morale, public trust, and financial stability. When organizations embrace whistleblower protections, they send a message that internal accountability is just as important as external success. Encouraging internal reporting mechanisms supported by strong legal safeguards can even reduce the likelihood of public scandals, regulatory penalties, or long-term reputational harm.

For workers, understanding that their rights are protected if they report fraud, harassment, safety violations, or other misconduct empowers them to act without fear. This proactive culture not only improves day-to-day working conditions but also reinforces the importance of ethical decision-making at every level of the organization. Employers who support whistleblower protections often benefit from increased employee trust, lower turnover, and better compliance outcomes.

Transparency as a Byproduct of Legal Protections

Whistleblower laws do more than protect individuals—they drive systemic transparency within organizations. When a workplace encourages open reporting and protects those who come forward, it is more likely to uncover problems early, address them promptly, and prevent recurrence. In doing so, companies can demonstrate a commitment to ethical operations and internal accountability.

Transparency is not just a matter of public image; it is a powerful operational tool. A transparent organization can more effectively identify areas for improvement, eliminate waste or fraud, and implement more responsible business practices. Whistleblowers are often the first to spot signs of inefficiency or wrongdoing, and their willingness to speak out provides valuable insights into organizational health.

When protections are clearly defined and enforced, whistleblowers can report issues internally through secure and confidential channels. This helps organizations respond before problems escalate or attract outside scrutiny. In some cases, whistleblower reports have led to the revision of internal policies, enhanced training programs, or the removal of individuals engaged in unethical conduct.

Transparency fueled by whistleblower actions can foster a more inclusive workplace. When all employees feel heard and respected, regardless of their role, it promotes a sense of shared responsibility for the organization’s ethical direction. Employees are more likely to report misconduct when they see others being protected for doing the same, creating a culture of mutual accountability and openness.

Employers have a responsibility to create systems that support whistleblowers. This includes clear reporting procedures, non-retaliation policies, and regular communication about employee rights. Legal professionals can be instrumental in helping both employers and employees understand the scope of whistleblower protections and how they apply in specific workplace settings.

Philadelphia Whistleblower Lawyers at Sidkoff, Pincus & Green P.C. Will Help You Today

If you have questions about whistleblower protections, speak with the Philadelphia whistleblower lawyers at Sidkoff, Pincus & Green P.C. Contact us online or call 215-574-0600. Located in Philadelphia, we proudly serve clients in South Jersey, Pennsylvania, and New Jersey.

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

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Philadelphia Whistleblower Lawyers at Sidkoff, Pincus & Green P.C. Help You Protect Your Rights

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.

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Whistleblower Protection Laws: What Employees Should Know?

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Philadelphia Whistleblower Lawyers at Sidkoff, Pincus & Green P.C. Help You Protect Your Rights

Speaking out about misconduct in the workplace can feel daunting, but whistleblowers play a crucial role in holding organizations accountable. Whether you are reporting fraud, safety violations, or discrimination, understanding whistleblower protection laws is essential to safeguard your rights. Pennsylvania employees must know what protections exist and how to navigate this challenging process.

Whistleblowers face risks, including retaliation or termination, but federal and state laws provide safeguards to encourage reporting. Below, we break down what employees should know about whistleblower protection laws and how these laws can help you take a stand without fear of reprisal.

Federal and State Whistleblower Protections

Several federal laws protect whistleblowers, depending on the type of misconduct being reported. The Sarbanes-Oxley Act, for example, safeguards employees of publicly traded companies who report securities fraud or corporate wrongdoing. The Occupational Safety and Health Act (OSHA) protects workers reporting unsafe working conditions. Additionally, the False Claims Act includes provisions for whistleblowers who report fraud against the government, such as overbilling on government contracts.

In Pennsylvania, state laws complement these federal protections. For example, the Pennsylvania Whistleblower Law applies to employees in public agencies or organizations that receive public funding. It prohibits employers from retaliating against employees who report waste, fraud, or abuse. Employees must provide written notice of the wrongdoing to their supervisor or another responsible person before seeking legal remedies under the law. Failure to follow this process could limit your protection under state law.

Whistleblower protections typically include remedies for retaliation, such as reinstatement, back pay, and compensation for damages. However, the specifics vary widely based on the law that applies to your situation. It is essential to understand the timelines and requirements for filing a complaint under these laws, as missing deadlines could jeopardize your claim.

Steps to Protect Yourself as a Whistleblower

Taking the proper steps before and after blowing the whistle is critical to ensuring your rights are protected. Follow these guidelines to navigate the process:

  1. Document the Misconduct: Keep detailed records of the wrongdoing, including dates, times, and any supporting evidence, such as emails or witness statements. Clear documentation strengthens your case and provides valuable proof if your claims are challenged.
  2. Understand the Reporting Requirements: Each whistleblower protection law has specific procedures for reporting misconduct. Some require you to report internally first, while others allow you to go directly to a regulatory agency or law enforcement. Research the correct reporting path to ensure compliance.
  3. Avoid Retaliation Traps: Employers may attempt to retaliate by accusing whistleblowers of unrelated misconduct or poor performance. Keep your work performance consistent and maintain records of your achievements to counter any false claims.
  4. Seek Legal Guidance: Navigating whistleblower protections can be complex. Consulting with an attorney experienced in employment law can provide clarity on your rights and help you take the appropriate steps.
  5. Act Quickly: Whistleblower claims often have strict deadlines, ranging from a few weeks to a few months. Acting promptly is crucial to preserving your ability to seek legal recourse if retaliation occurs.

Philadelphia Whistleblower Lawyers at Sidkoff, Pincus & Green P.C. Help You Protect Your Rights

If you believe you have witnessed wrongdoing in the workplace and need guidance, do not delay. 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.

The Role of Whistleblowers in Corporate Accountability

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Philadelphia Whistleblower Lawyers at Sidkoff, Pincus & Green P.C. Help You Protect Your Rights

Corporate accountability plays a critical role in ensuring businesses operate ethically, lawfully, and responsibly. Whistleblowers, individuals who report illegal or unethical behavior within their organizations, serve as a vital safeguard for maintaining transparency and integrity in the workplace. Without their courage, many corporate wrongdoings would remain hidden, harming employees, consumers, and the public at large. Whistleblowers do more than expose bad behavior; they foster systemic change by holding corporations to higher standards.

The Importance of Whistleblowers in Exposing Misconduct

Whistleblowers are often the first to uncover misconduct within organizations. They provide valuable insight into activities such as fraud, discrimination, harassment, and violations of environmental or financial regulations. These actions can have far-reaching consequences, impacting not only employees but also consumers, shareholders, and communities. By stepping forward, whistleblowers shine a light on actions that might otherwise be ignored or suppressed, enabling regulatory agencies, courts, and the public to hold companies accountable.

The impact of whistleblower actions extends beyond the organization in question. Their disclosures often lead to widespread industry reforms. For example, the exposure of systemic fraud in one company can prompt tighter regulations and better oversight across an entire sector. Whistleblowers help corporate leaders understand the risks of unethical behavior and prioritize compliance with laws and regulations.

Whistleblower reports have uncovered corporate fraud schemes resulting in billions of dollars in fines and restitution. These revelations deter similar behavior by signaling to other companies that unethical practices will not go unnoticed. Additionally, whistleblowers play a role in improving workplace culture. By addressing issues like harassment or discrimination, they pave the way for safer, more inclusive work environments.

Despite their importance, whistleblowers face considerable challenges, including retaliation from their employers. Retaliation can take many forms, such as termination, demotion, threats, or blacklisting in their industry. These actions discourage others from speaking out, perpetuating a cycle of silence. Laws such as the Sarbanes-Oxley Act and the Dodd-Frank Act offer critical protections by prohibiting retaliation and providing mechanisms for whistleblowers to report issues anonymously. These protections are vital for encouraging individuals to come forward without fear of losing their livelihoods.

How Legal Support Empowers Whistleblowers?

Navigating the complexities of reporting corporate misconduct can be overwhelming for whistleblowers. Legal guidance ensures that individuals understand their rights and protections under the law. A lawyer can help whistleblowers determine the best course of action, whether through internal reporting channels, regulatory bodies, or litigation. Choosing the right path is essential, as whistleblowers often face significant legal and procedural hurdles when exposing corporate wrongdoing.

In many cases, whistleblowers may be eligible for financial rewards for exposing misconduct. Programs such as the Securities and Exchange Commission’s (SEC) whistleblower program offer monetary incentives for reporting violations of securities laws. These rewards recognize the whistleblower’s contributions and encourage others to come forward. Lawyers can assist in preparing and presenting claims to ensure whistleblowers receive the recognition and compensation they deserve.

Legal representation also provides a layer of protection against retaliation. If an employer takes punitive action against a whistleblower, a lawyer can help pursue remedies such as reinstatement, compensation for lost wages, or other damages. These protections are particularly important in industries where whistleblowers may find themselves ostracized or blacklisted.

In addition to addressing retaliation, lawyers can guide whistleblowers through the complex maze of regulatory requirements. For instance, some whistleblower claims require precise documentation and adherence to strict deadlines. Failing to meet these requirements can jeopardize a claim. Lawyers ensure all necessary steps are followed, increasing the likelihood of a successful outcome.

Whistleblowers do more than expose corporate misconduct; they help create a culture of accountability and ethical behavior in workplaces across industries. With proper legal support, they can continue to play a crucial role in ensuring organizations operate transparently and responsibly. Their actions demonstrate that individuals can make a difference, even when facing powerful corporate entities.

Philadelphia Whistleblower Lawyers at Sidkoff, Pincus & Green P.C. Help You Protect Your Rights

If you believe you have witnessed corporate misconduct and need guidance, seek help today. 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 New Jersey and Pennsylvania, including South Jersey.

Whistleblower Protection Laws: Encouraging Reporting and Preventing Retaliation

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Our Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Protect Your Business

Whistleblowing is a term that refers to an employee’s act of reporting unethical or illegal activities within their organization. This is a crucial process that can help maintain the integrity of a company.

For small business owners in Philadelphia, understanding and adhering to whistleblower protection laws is a legal obligation. It is essential to foster a work environment where employees feel safe to voice their concerns without fear of retaliation.

The Toll of Whistleblowing and Creating a Safe Environment

The decision to report internal misconduct is not one that employees take lightly. They often face significant emotional and psychological stress due to the fear of isolation, retaliation, or even termination. Studies have shown that whistleblowers may experience anxiety, depression, or post-traumatic stress disorder (PTSD). These mental health implications underscore the need for businesses to cultivate a supportive culture that encourages reporting of wrongdoing.

Creating a safe environment for raising concerns begins with establishing a clear policy on whistleblowing. This policy should include procedures for reporting misconduct, assurances of confidentiality, and explicit protections against retaliation. Regular training sessions can also help educate employees about their rights and responsibilities under the law.

In addition, employers should promote open communication and transparency within the workplace. Employees should feel confident that their concerns will be taken seriously and addressed promptly, without negative consequences.

Examples of Whistleblowing and Retaliation

To better understand the importance of these protections, let us consider some real-world examples:

  • Enron: Perhaps the most infamous case of whistleblowing, an executive at Enron revealed accounting irregularities that led to the company’s downfall. Despite her courage, she faced severe retaliation, including professional isolation and threats.
  • Wells Fargo: Employees who attempted to report the creation of fraudulent accounts were fired or otherwise penalized. Only when the scandal became public did the true extent of the misconduct and retaliation come to light.

These examples underscore the critical need for effective whistleblower protection laws and policies. By fostering a culture of openness and respect, businesses can encourage ethical behavior, protect their employees, and maintain their reputation in the marketplace.

Our Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Protect Your Business

Small business owners in Philadelphia need to understand and comply with whistleblower protection laws. At Sidkoff, Pincus & Green P.C., we are committed to helping businesses like yours navigate the complexities of employment law. We are a premier firm with decades of experience. To schedule a consultation with one of our Philadelphia business lawyers, complete our online form or call us at 215-574-0600. Located in Philadelphia, we serve clients in Pennsylvania and New Jersey.

Should I Continue to Work at My Job After Whistleblowing?

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The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Assist and Protect Whistleblowers.

A whistleblower is someone who works within a private sector or government organization and reveals abuses of power and other bad behaviors done by their employer that betray the public’s trust. The information they share can be revealed internally or disclosed to Congress, other government channels, law enforcement, and/or the public. But since whistleblowers run the risk of facing repercussions from their employers, should they continue working after speaking out?

The Aftermath of Whistleblowing

Being a whistleblower can be stressful, even when the person has good intentions. It is often portrayed as a heroic action, if you consider the individuals who pulled back the curtain on Enron, released the Pentagon Papers, or shed light on the tobacco industry. The public might view them as heroes, but the truth is that a whistleblower’s career can change forever.

Even though the Whistleblower Protection Enhancement Act of 2012 was passed, approximately 30 percent of government workers claim they worry about retaliation for reporting wrongdoing. Since the government can have more oversight, it makes sense that private-sector whistleblowers worry even more in this respect. It has been reported that as much as 44 percent of these employees have experienced instances of retaliation.

What is the Whistleblowing Process Like?

You do not have to be working at the company that is the focus of the whistleblowing action, but if were taking part in the alleged illegal behavior you can consult a whistleblower attorney about how to handle it. All of the information will be kept confidential, and your identity will stay anonymous unless you decide to grant permission to provide your name.

Here are some of the programs in the U.S. that whistleblowers can pursue cases through:

  • The False Claims Act (FCA)
  • SEC Whistleblower Program
  • IRS Whistleblower Program
  • Commodity Futures Trading Commission (CFTC)

Claims can be filed under more than one of these, and there are statutes of limitations that apply. You must work with an attorney to file a case under the FCA, and using one for the SEC and CFTC will let you file anonymously. In any case, having an experienced lawyer may help facilitate your claim and increase the chances of success.

A successful case that leads to the recovery of fraudulently gained funds is a good thing, as the whistleblower can receive a percentage of the amount of money recovered as a reward. This can range from 10 to 30 percent, but every case is different.

Can I Keep Working After Whistleblowing?

If you work with an attorney, your identity will remain confidential throughout most of the process unless you grant permission to share your name. Federal law protects you from being retaliated against at work after reporting illegal company actions to the government. This means that you cannot be subjected to adverse employment decisions like demotions or firings based on what you did to expose the illegal conduct. If the employer does retaliate, you could be entitled to additional damages in a subsequent employment lawsuit.

There are also state laws that protect public employees from that kind of retaliation, but these might not apply to your situation. The amount of protection will receive depends on if the company is private, public, or a government entity, who your report the wrongdoing to, they kind of wrongdoing, and the applicable laws. The option of returning to work may be viable or then again, it may not.

If you are thinking about whistleblowing, you are taking on the risk of being suspended, demoted, transferred, fired, or facing other kinds of retaliation. That is why it is important to consult with an experienced employment lawyer before filing the claim – this way, an experienced professional who has your best interests in mind can guide you through the process.

The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Assist and Protect Whistleblowers

It takes courage to become a whistleblower, and trusted legal guidance to help you make your claim. For a confidential consultation, contact the skilled Philadelphia employment lawyers from Sidkoff, Pincus & Green P.C. Reach out by calling 215-574-0600 or completing our online form. From our office in Philadelphia, we proudly serve clients throughout South Jersey and Pennsylvania.

Am I Protected From Retaliation by My Employer?

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Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Advocate for Employees Who Have Experienced Workplace Retaliation.

Every employee has the right to a workplace that is free from retaliation. Retaliation occurs when an employer acts negatively against an employee who has engaged in a legally-protected activity, including the following (not an exhaustive list):

  • Filing a discrimination claim, whether related to sexual, racial, religious or other discrimination.
  • Submitting an internal complaint of discrimination, including an informal and/or verbal complaint.
  • Questioning whether certain decisions or conduct of the employer are unlawful.
  • Discussing the employer’s practices with other employees.
  • Supporting a colleague’s discrimination or retaliation claim or internal complaint.
  • Requesting medical or maternity leave or a disability accommodation
  • Acting as a whistleblower.

What Is Employer Retaliation?

An employer actions can be considered retaliatory if they are motivated by the employee’s legally-protected actions. Examples of unlawful employer retaliation include:

  • Suspending, terminating, or demoting the employee.
  • Reducing an employee’s salary or benefits/eliminating benefits.
  • Refusing to promote the employee.
  • Issuing a negative performance review that is not accurate.
  • Disciplinary actions, such as probation or warnings.
  • Transferring the employee to a different department or area.
  • Harassing the employee.
  • Creating an uncomfortable work environment.
  • Starting rumors or gossip about the employee.
  • Writing up the employee for insubordination or other claims.

Protection Against Workplace Retaliation

Many different laws, federal and state, protect employees against retaliation. Workers who experience retaliation will go through their state’s Equal Employment Opportunity Commission (EEOC) for claims pursuant to the following.

Title VII of the Civil Rights Act of 1964

Protects employees from discrimination based on race, color, national origin, sex, and religion.

Fair Labor Standards Act

Makes it unlawful to discharge or discriminate against any employee because of filing a complaint or being willing to testify on a complaint.

Occupational Safety and Health Act

Protects employees who make workplace safety and health complaints.

Americans with Disabilities Act

Protects workers with disabilities in the workplace against discrimination or retaliation.

National Labor Relations Act (NLRA)

Gives rights to workers organizing, trying to form, join, or assist labor organizations to bargain as a group, and to engage in activities together with other workers. The anti-retaliation protection of the NLRA gives employees broad protection regardless of whether there is a union in the workplace.

Age Discrimination in Employment Act (ADEA)

Protects workers against age discrimination in the workplace.

On a state level, the Pennsylvania Human Relations Commission (PHRC) handles retaliation claims pursuant to:

  • Pennsylvania Human Relations Act (PHRA): The PHRA is a law that covers employment discrimination against workers by their employers for certain illegal reasons. The state enacted the law because workers who are not given equal employment opportunities may not reach their fullest potentials or enjoy the standards of living that they should. When people who have protected statuses suffer employment discrimination and are not given equal opportunities, they may then be forced to access public welfare.

Local laws can even protect workers. For example, Philadelphia’s Fair Practices Ordinance (PFPO) protects employees from discrimination and harassment based on their sex, sexual orientation, and gender identity.

What Can I Gain From a Retaliation Legal Claim?

An employee who has experienced employer retaliation should contact an employment lawyer. They may be entitled to recover compensation for their losses, including:

  • Lost wages and benefits due to being out of work (both past and future).
  • Curtailed career advancement opportunities.
  • Emotional trauma, humiliation, embarrassment, pain and suffering.
  • Reinstatement of lost position or benefits.
  • Attorneys’ fees and costs.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Advocate for Employees Who Have Experienced Workplace Retaliation

Retaliation against employees for whistleblowing or other reasons is illegal. If you feel your rights have been violated, contact our Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. We help employees get fair and just compensation under the law. For an initial consultation, contact us online or call us at 215-574-0600. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

 

 

 

How can I Avoid Legal Issues When Firing Employees?

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Philadelphia Business Lawyers

An employer cannot terminate a worker for unjust reasons. That type of termination is unlawful, and some examples of wrongful termination include:

  • Whistleblowing.
  • Complaints about violations of employee rights.
  • Testifying against the company or another employee in legal suits.
  • Participating in lawful union activities.
  • Filing claims for Workers’ Compensation or charges of unfair labor practices.
  • Wage garnishments in order to pay debts.

Employers cannot fire an employee in a manner that violates federal or state laws. As an employer, understanding both state and federal laws regarding employee termination will help you avoid a wrongful termination suit. Anyone in your company who is in a position to make termination decisions should have an idea of state and federal laws so they can avoid firing someone in an unjust manner.

For example you cannot fire an employee through retaliation, and you cannot violate state and federal discrimination laws, employment agreements, and you must be in accordance with the Family and Medical Leave Act (FMLA).

When can I Fire an Employee?

You can fire an employee for numerous reasons, and some of the most common include:

  • Incompetence
  • Repeated unexcused absences or tardiness
  • Sexual harassment
  • Verbal abuse
  • Physical violence
  • Falsification of records
  • Theft

It is important to note that an employer has the right to fire an employee for any legal reason. At-will employment laws differ from state to state, however, the laws are usually similar.

Keep Employee Performance Documents

Running a business involves many decisions, and those include hiring and firing employees. Often, these decisions are made due to performance issues, and a great way to minimize legal issues is to document how that employee performs.

Documentation should provide detailed information of incidents and any employee write-ups for disciplinary issues. Also, customer complaints and time cards can help give you the credence that you need when it comes to justifiably firing an employee.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Advocate for Employers Fending Off a Wrongful Termination Suit

When you own a company, the prospect that you will one day have a disgruntled employee is high. In this case, you will need our skilled Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. to help you build a case. Call us at 215-574-0600 or contact us online for an initial consultation. Located in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

Fired Law Firm Employee Not Entitled to Whistleblower Protections

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A former accounts receivable clerk was terminated from her position at Martin & Seibert after she reported the firm for suspicious overbilling. She noticed billing irregularities, including billing clients at attorney rates for work that was done by secretaries and paralegals. After voicing her concerns to other individuals at the firm, she was fired. According to the West Virginia Supreme Court of Appeals, at-will private employees who report suspected criminal conduct are not entitled to whistleblower protections.

Shortly after she reported her suspicions, she discovered that her job had been posted. Another attorney at the firm told her that he suspected that certain members of the firm blamed her for the billing irregularities. He urged her to speak to a former U.S. attorney, who he reached out to for advice on her behalf. After speaking to the former accounts receivable clerk, the U.S. attorney contacted the Federal Bureau of Investigation (FBI).

To protect herself, she collected 227 attachments of billable hour data and emailed it to herself. The firm fired her for disclosing confidential information, which was a violation of law firm policy. According to West Virginia courts, there is an exception to the rule that allows at-will employees to be fired if the employee is terminated for refusing to participate in illegal activity. However, the exception does not apply to employees who report wrongdoing. The court ruled that she was not entitled to whistleblower protections because she was a public employee. The legislature would be responsible for making any extensions to the law, not the court. A dissenting judge argued that the majority should have made an exception for an employee who is terminated for reporting alleged overbilling for legal services.

According to the West Virginia Supreme Court of Appeals, the federal whistleblower claim was no longer viable after a February 2018 Supreme Court decision that required reporting to the U.S. Securities and Exchange Commission. This decision was in response to a certified question by a federal court regarding the former employee’s whistleblower lawsuit.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Protect Employees Who Have Been Wrongfully Terminated

If you believe that you were wrongfully terminated from your job, it is in your best interest to contact the highly skilled Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. as soon as possible. We will work closely with you to understand the events leading up to your termination. Our experienced legal team will protect your rights and collect the documentation necessary to reach a successful settlement. To schedule an initial consultation, call us today at 215-574-0600 or contact us online. Located in Philadelphia, we serve clients throughout New Jersey and Pennsylvania.

Lloyd Industries Ordered to Pay $1.04 Million to Terminated Employees in Whistleblower Case

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Philadelphia whistleblower lawyers protect the rights of wrongfully terminated employees.A federal judge recently ordered Lloyd Industries to pay the largest punitive award ever given under the Occupational Safety and Health Act (“OSH Act”) after two employees were illegally fired for speaking out against unsafe working conditions. The two workers were terminated after an inspection conducted by the Occupational Safety and Health Administration (“OSHA”). According to the Regional Solicitor, all employees have a right to speak out about work conditions that are unhealthy or unsafe. If they are unfairly retaliated against for exercising those rights, they deserve to be compensated. The court awarded a total of $1,047,399 in lost wages and punitive damages to the two employees.

After a Lloyd Industries employee lost three fingers in a workplace accident, OSHA conducted an on-site investigation. The injured worker was fired shortly after the investigation began. A second employee was terminated for cooperating with OSHA after they identified a number of health and safety violations and began assessing penalties. A jury found that Lloyd Industries and its owner illegally fired the two employees for cooperating with OSHA during the inspection. They awarded $500,000 in punitive damages, which is the largest punitive award under the OSH Act. The court explained that the size of the award sends a strong message that this kind of retaliation with not be tolerated.

The two employees were also awarded $547,399 in front and back pay. Lloyd Industries and its owner were also ordered to post an anti-retaliation notice and refrain from ever violating the Section 11(c) or the OSH Act again. All employees are entitled to a safe and healthy work environment and if these basic rights are violated by an employer, or they are retaliated against for speaking out about poor work conditions, there will be severe consequences.

Also known as the “safety bill of rights,” the OSH Act was created to ensure that all employees in the United States have safe working conditions and that employers provide the necessary training, outreach, education and assistance necessary to maintain a safe work environment. This helps prevent serious work-related injuries and illnesses.

Philadelphia Whistleblower Lawyers at Sidkoff, Pincus & Green, P.C. Protect the Rights of Employees Who Have Been Wrongfully Terminated

If you were terminated from you job after speaking out about unsafe working conditions, it is in your best interest to contact the Philadelphia whistleblower lawyers at Sidkoff, Pincus & Green, P.C. as soon as possible. It takes a great deal of courage to speak out against an employer, but the law protects whistleblowers against unfair retaliation. Our skilled legal team will discuss the details of your case with you and recommend the best legal course of action. To set up a confidential consultation, call us today at 215-574-0600 or contact us online. Our offices are located in Philadelphia, where we represent clients in South Jersey, Pennsylvania, and New Jersey.