Whistleblowers put their careers and at times, even lives on the line to disclose illegal activities they witness in the workplace. In order to protect whistleblowers for their brave actions, numerous federal and state statutes exist, along with strong case law. These laws aim to ensure whistleblowers will not be punished for their actions and will be rewarded. Some important protections include:
Whistleblower Retaliation Protection
Numerous federal and state whistleblower laws include whistleblower retaliation provisions. These provisions offer broad relief to employees who are harassed, suspended, terminated, or otherwise discriminated against by their employer for engaging in protecting whistleblowing activity.
Whistleblowers who believe they have experienced retaliation can bring a retaliation claim against the employer. To have a valid claim, the employer must have taken some negative action against the employee in response to their whistleblowing.
Good Faith Exceptions
If you report conduct that you believe to be illegal, but it turns out to be lawful, you will generally still be protected from retaliation. Case law has developed a good faith exception that extends protection to whistleblowers so long as they made the complaint in good faith.
Ongoing Protection Against Retaliation
Your protection against retaliation extends beyond the length of your employment. If you file a whistleblower complaint then later resign from your job, only to be given a negative reference later on due to your whistleblowing activity, your employer could still be in violation of the law. This can form the basis for a retaliation claim.
Courts will look to the time between the whistleblowing activity and the alleged retaliatory action as one part of its assessment of a retaliation claim. While timing can be of the essence, with much retaliatory action occurring soon after the whistleblowing, some employers will bide their time before acting. This does not mean your retaliation claim will fail. You will need to present sufficient evidence to point to the relatedness of the two events.
Anonymity
Some whistleblower programs, like the Commodity Futures Trading Commission, allow you to remain anonymous, even to the government. Your identity will only be disclosed once you have qualified for a reward. For some whistleblowers, this provides the security they need that their careers and lives will not be negatively affected by acting. Other whistleblower programs will need your identity from the start to investigate the claim fully.
Whistleblower Rewards
Several state and federal laws exist to award whistleblowers for their claims. Whistleblowers will often receive a percentage of the funds recovered due to the whistleblower’s assistance. This can amount to large sums of money. However, not every whistleblower will get a huge reward. The monetary success of your whistleblower claim will depend largely on the type of fraud uncovered and the financial implications of such fraud, as well as the strength of your claim. If you are considering filing a whistleblower action, consult with an experienced attorney who will analyze your claim and assist you in obtaining the best possible outcome.
Barrett Law PLLC: Zealous Representation for Mississippi Whistleblowers
If you are considering bringing a whistleblower claim or have experienced retaliation due to revealing fraud within your workplace, contact the Mississippi Whistleblower Attorneys at Barrett Law PLLC. Our prominent Mississippi law firm has assisted brave whistleblowers for over 75 years. Whistleblower cases are complex and will require the help of experienced counsel in order to successfully bring your action. At Barrett Law PLLC, we will provide you with the information you need to walk through the whistleblower claim process and the legal assistance you will need as the case moves forward. Call us today at 1 (800) 707-9577 to schedule your free initial consultation.