Many violations of the law go unreported by employees with knowledge of them because they fear retaliation. Our livelihoods, health insurance, and much more are often dependent upon our jobs and the fear of losing a job is consuming. Whistleblower laws generally provide a remedy for the victims of retaliation in order to encourage employees to come forward with evidence that will uncover wrongdoing.
Most laws designed to protect workers, such as anti-discrimination laws, health and safety laws, and wage and hour protections also make it illegal for employers to retaliate against employees who engage in conduct that the law protects.
Despite these clear protections, researchers have found that whistleblower retaliation is actually on the rise. According to the Ethics Resource Center (ERC), about 45 percent of all employees observe misconduct or fraud each year. The majority of these employees, some 65 percent, report this misconduct. One in five of those reporting employees, or 22 percent, are retaliated against for doing so. This figure is up from 12 percent in 2009. Equally troubling, the types of retaliation exerted have become more direct. Rather than giving employees a cold shoulder, those employers who do retaliate are doing so with demotions, firings, pay cuts, and even outright harassment or violence.
These findings are troubling because, even with the many incentives and protections afforded to whistleblowers on the legal front, potential whistleblowers are unlikely to step forward when they face such imminent and serious retaliation.
Employers should take note of the ERC’s findings because they also highlight potential troubles for those employers who allow retaliation. The study found that most employees have no desire to get the government involved in the matter. Rather, they prefer to work within the company to address the wrongdoing they see occurring. It is only when their efforts are frustrated by inaction or retaliation that they reach out to the government as a method of last resort. Employers should be wary of this fact, as once the government is involved serious sanctions may be imposed and bad press will arise.
Employers should do all they can to promote internal reporting and protect whistleblowers. This means creating an atmosphere of honesty within the company so that employees will feel comfortable coming forward. It also means developing an easy and systematic way internally report concerns. Employees must be educated on how to report their concerns. Employers should create a zero tolerance policy for retaliation and address all complaints in a swift manner.
If you are an employee who has made a complaint concerning wrongdoing and feel you have been retaliated against, contact a whistleblower attorney in your area as soon as possible. Retaliation is against the law and your attorney will ensure the unlawful treatment you have received will be corrected and punished.
Barrett Law PLLC: Mississippi Whistleblower Attorneys Assisting Those Who Have Experienced Retaliation
Whistleblowers play an important role in our society, bringing to light fraud and wrongdoing occurring in workplaces across the U.S. While these whistleblowers should be rewarded for their actions, far too many find themselves instead the victims of retaliation. If you believe you have been retaliated against for your lawful whistleblowing conduct, the Mississippi Whistleblower Attorneys at Barrett Law PLLC can help. We will assist you in the filing of a qui tam action and correct any mistreatment you have experienced due to your whistleblowing activities. Our experienced whistleblower attorneys understand the complexities involved in this field of law and will navigate you towards the best possible outcome. For exceptional representation with your whistleblower case, call Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation.
